Old Ground, New Take?

[Neomash]

Hi All,

I was wondering if a clause such as,

'the Consultancy and the Consultancy Staff providing the Consultancy Services have agreed to opt out of the Conduct Regulations and have signed an agreement to that effect and as such understand that none of the Conduct Regulations apply to this Assignment. Further the Consultancy warrants that it will only supply staff to perform the Consultancy Services who have opted out of the Conduct Regulations and further that any person to whom the performance of the Consultancy Services are assigned or sub-contracted has opted out of the Conduct Regulations'

in a signed contract is rendered void by a ltd company contractor opting IN to the conduct regulations? No agreement, other than the contract itself was signed, so certainly no written (or verbal) confirmation of the OPT OUT status was provided to the agency.

[northernladuk]

It would indicate you can't have a contract unless you are opted out. The fact you signed the contract with this in nigh mean you've also agreed to the opt out else you can't have the contract... Either way it's very complicated and messy so you should really sort it out. Calling yourself Inside because you didn't sign the opt out and thinking that trumps this is very grey at best. The idea of getting these things signed and agree to avoid ugly arguments later. Your approach is just creating a possibility for a fall out, not avoiding it.

[Neomash]

Cheers, much the answer I suspected. Also just realised that it sounds like I have signed the contract already - I haven't. I take it that the agency is not allowed to insist on the clause remaining in the contract if I want to opt in? Unfortunately the contract itself has multiple clauses along these lines and I am supposed to be starting in the next three days. Guess it's going to have to be a quick review by a lawyer to sort this out properly.

[northernladuk]

Don't ditch a gig over opt in/out IMO. The chances of it mattering are pretty slim. It would dafter to start without a contract review than it worked getting your opt in/out wrong.