Opt out of Conduct of employment agencies 2003 act?

[squirrel99]

The thing that surprises me the most, is how little people know about opt in/out.

Agencies don't know that opt out is pointless after you have been introduced to client.

End clients also seem to have distorted view. My line manager just came to speak to me as their Legal department advised that I am the only contractor who has opted in. They are also concerned about my IR35 status (apparently)

[northernladuk]

The agents do know(ish) but they are falling back on the bold element of introduction or supply. They believe that trumps the introduction one so it's valid anytime before you start. Unfortunately that hasn't been tested that I aware of.

[DallasDad]

Let me think... having read the following did I do the right thing by choosing not to opt out
Ermm not much to think about really is there:

13. POST TERMINATION RESTRICTIONS
13.1 You hereby agree that you shall not (without the prior consent in writing of the Company) for a period of 12 months immediately following the termination of your employment with the Company, indirectly or directly or through an agency or otherwise and whether on your own behalf or in conjunction with or on behalf of any other person, firm, company or other organisation, (in any Capacity whatsoever), (a) be employed or engaged in, or (b) perform services in respect of, or (c) be otherwise concerned with the Customer for whom you were carrying out an Assignment, provided always that the provisions of this clause 13.1 shall apply only in respect of Services with which you were either personally concerned or for which you were responsible whilst employed by the Company during the 12 months immediately preceding the termination of your employment.
13.2 You hereby agree that you will not for a period of 12 months immediately following the termination of your employment, whether on your own behalf or in conjunction with or on behalf of any other person, company, business entity or other organisation whatsoever, directly or indirectly:-
a) (i) induce, or (ii) solicit, or (iii) entice or (iv) procure, any person who is or was a Client, Customer and/or Group Company Employee to leave their employment; or
b) be personally involved to a material extent in (i) accepting into employment or (ii) otherwise engaging or using the services of any person who is or was a Client, Customer and/or Group Company Employee;
and in this Clause 13.2 "Client, Customer and/or Group Company Employee" includes any person who was employed by a Client, Customer or Group Company for at least 3 months prior to the termination of your employment and with whom you had material contact or dealings in performing the Services.
13.3 The provisions of clauses 13.1 and 13.2 above shall only apply if you have opted out of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 in respect of that Assignment.
13.4 The provisions of clauses 13.1 and 13.2 above shall remain in force, even if your employment terminates (for any reason), for the restricted period envisaged by those clauses.

[northernladuk]

12 months is unenforceable anyway so doesn't really matter.

EDIT. That said there is still a period that you can't go back for even if you opted in which is much shorter but a client is unlikely stomach it isn't there?

[Contreras]

Let me think... having read the following did I do the right thing by choosing not to opt out

Correct. Your quote of the contract terms nicely sums up why, in this case* at least.

It matters not so much whether the Conduct of Employment Agencies Regs apply for a genuine B2B, or could be enforced legally, or the fact that various interpretations are yet to be tested in court. What matters is that when push comes to shove and the agency is withholding payment or otherwise holding ransom, those objectionable clauses are quickly rebuffed.

* Because it's right there in the contract: "The provisions of clauses X and Y above shall only apply if you have opted out".

You can even maintain that the reason you didn't opt out is because the regs do not apply and the same holds true.

13.4 The provisions of clauses 13.1 and 13.2 above shall remain in force, even if your employment terminates (for any reason), for the restricted period envisaged by those clauses.

And did you have this IR35 reviewed?

[DallasDad]

@Conteras

Ah sorry I omited a key detail, that was from my Umbrella T&Cs.

I am currently switching to ltd and when I read that I initialy thought I was going to have a bit of a mare leaving but on the contrary they have been fine about it.

[BurdockTheContractor]

Phew, I've just finished reading the entire thread. It seems the general consensus is that there is no benefit to the contractor to opt out.

I've just been offered my first contract and the agent was very nice and friendly... until I told him I would not be opting out of the Agency Conduct Regulations. Since then, he has been putting a lot of pressure on me and trying to scare me by saying the client might withdraw the offer. I am little confused about the regulations so I've decided to err on the side of caution and not opt out.

[quackhandle]

Phew, I've just finished reading the entire thread. It seems the general consensus is that there is no benefit to the contractor to opt out.

I've just been offered my first contract and the agent was very nice and friendly... until I told him I would not be opting out of the Agency Conduct Regulations. Since then, he has been putting a lot of pressure on me and trying to scare me by saying the client might withdraw the offer. I am little confused about the regulations so I've decided to err on the side of cation and not opt out.

Sod all to do with the client.

qh

[BurdockTheContractor]

My favourite lines from the agent so far have been:

"hello, its [agent] again. You said you wanted to opt out, right?"

"but all the other contractors have opted out"

"Do you even know what you're opting in to?"

"you said you wanted the job but the client might not like it"

"Is there anything I can do to change your mind? anything?"

[psychocandy]

Sod all to do with the client.

qh

And never going to happen in a million years.....