Invalided Agency Regs Opt out?

[Ne0n291]

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[SueEllen]

As long as the opt-out and contract is signed and dated after you started on the client site the opt-out is invalid.

However if you do move departments to stop the client canning you because they or your new agency are in an argument with your old agency keep your mouth shut.

BTW edit your first post to remove very exact details as agents do come on here and work out who posters are.

[Ne0n291]

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[Wanderer]

My first question is, has this invalidated the "opt out" on each contract, or will the first contract have implied an "opted out" situation at the commencement of the extension (even though the first period would have been invalidated)

An opt out has to be done before the "introduction or supply" of the worker. In your case, it sounds like you were "introduced" before you signed the contract so it was too late to opt out and the opt out was never valid.

That won't stop the agency trying it on with a load of bluff and bluster so as SueEllen says, do not say a word to your old agency.

I find it interesting that they try to put this restriction on the contractor rather that the client. Surely it's the client who pays the agency's margin, why would they pursue the contractor for loss of earnings. Probably because the client's legal team would tell them to go to hell....