Originally posted by man
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Particularly when the legal advisers advice is highly questionable.
The Conduct of Employment Agencies and Employment Businesses Regulations 2003
PART II, Regulation 12:
The Conduct of Employment Agencies and Employment Businesses Regulations 2003
I'm not going to quote the entire section because otherwise this post will end up being the length of an essay, but if you click the link it's right there in black and white (at least the relevant bit of the law in relation to withholding payment). And just to reiterate, this is the actual wording of the law. I'm not legally trained but it seems clear to me.
PART II, Regulation 12:
The Conduct of Employment Agencies and Employment Businesses Regulations 2003
I'm not going to quote the entire section because otherwise this post will end up being the length of an essay, but if you click the link it's right there in black and white (at least the relevant bit of the law in relation to withholding payment). And just to reiterate, this is the actual wording of the law. I'm not legally trained but it seems clear to me.
One of our posters contacted BiS directly about whether or not an agent can force an Opt in. I can't remember the exact post but the upshot was that an agent can decide who it wants to do business with. If it only wants to take Opt Out contractors it can do so. It's a business choice.
I think that's a fair point, well made - but that said I do like to be in a position where if things get disputed, I can tell the agent that they are breaking the law if they refuse to pay. It's got a bit more punch to it than a civil matter and may tip their hand. In other words, if they're deciding who to pay and not pay for cashflow reasons or whatever, do you think the guy opted out is perhaps more likely to not get paid? I do.
And the situation about paying who first if there is problems is getting so unrealistic it's hardly worth caring about.
That and not getting a timesheet signed is a real possibility (for a load of reasons unrelated to performance, not just if you're rubbish), the conduct regs cover that off too.
Again, not legally trained but my unqualified understanding is that legislation trumps contracts, every time. Totally agree with your points that nothing is a certainty you'll paid, but the conduct regs do insist you get paid irrespective of timesheet.
I'm not saying don't do it. You've made a business decision and stuck to it. Fair dinkum. I'm absolutely certain you are pinning more on it than it will actually deliver though. Just pointing that out.
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