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  1. #1

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    Default Opt in, not out

    Have just received e-mail from agent stating that they can't release the signed contract to me until I have returned a signed 'Opt-Out' form.

    I'm not going to name them yet as they are generally good guys, however.....a) I think what they are saying is a bit naughty, and b) I started on site today.

    Can't trust anyone these days

  2. #2

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    Just point out that its too late as you've
    1) signed the contract
    2) started work they have clearly agreed to both the contract and that you are opted in.

    Then just blow a raspberry in their direction....
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    Quote Originally Posted by eek View Post
    Just point out that its too late as you've
    1) signed the contract
    2) started work they have clearly agreed to both the contract and that you are opted in.

    Then just blow a raspberry in their direction....
    Told them I am happy to opt in, and that i'm already on site so it wouldn't be valid anyway. Just made me wonder if they actually were aware its too late. The last agency, again good guys, didn't have a clue about opt out, or IR35 or substitution.

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    Quote Originally Posted by GB9 View Post
    Told them I am happy to opt in, and that i'm already on site so it wouldn't be valid anyway. Just made me wonder if they actually were aware its too late. The last agency, again good guys, didn't have a clue about opt out, or IR35 or substitution.
    I would argue they were 'good guys' if that is the case. Got away with it by the skin of your teeth would be more my thought. I bet they wouldn't have been good guys if you needed to substitute!
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    Quote Originally Posted by GB9 View Post
    Have just received e-mail from agent stating that they can't release the signed contract to me until I have returned a signed 'Opt-Out' form.
    I presume you have signed the contract and sent it to them and you are just waiting for them to counter sign it? I'd just ignore them in that case because having started work the deal is done, signed or otherwise. Or better still, since they put it in writing, report them because they are acting illegally.

    Quote Originally Posted by GB9 View Post
    Just made me wonder if they actually were aware its too late
    Of course they are, they are just playing stupid - they come out with all sorts of crap when it comes to opting out.
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    Quote Originally Posted by northernladuk View Post
    I would argue they were 'good guys' if that is the case. Got away with it by the skin of your teeth would be more my thought. I bet they wouldn't have been good guys if you needed to substitute!
    Oddly enough, I actually have a substitute in situ, so still have that contract as well as this one. They were a bit bemused as they had never had anyone sub before (actually sub as compared to the clause), but they went along with it.

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    Quote Originally Posted by Wanderer View Post
    I presume you have signed the contract and sent it to them and you are just waiting for them to counter sign it? I'd just ignore them in that case because having started work the deal is done, signed or otherwise. Or better still, since they put it in writing, report them because they are acting illegally.



    Of course they are, they are just playing stupid - they come out with all sorts of crap when it comes to opting out.
    Yes and yes!

  8. #8

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    Escalated up the agency food chain.

    'You did opt out on your last contract through us so its ok, you just need to return the paperwork'.

    Hmmmmmm........No

  9. #9

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    Quote Originally Posted by GB9 View Post
    Escalated up the agency food chain.

    'You did opt out on your last contract through us so its ok, you just need to return the paperwork'.

    Hmmmmmm........No
    Mmmm.....

    Ask them again through email if they insist that you opt-out after you have started on site and have agreed and signed the contract, then contact the pay and work rights helpline on the phone and report them. You will find within 10 days they will back down......

    *0800 917 2368 Monday-Friday 9-5 and Saturday 9-1 The email address for the department of BIS doesn't work you have to get the EAI by calling that number.
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    Quote Originally Posted by SueEllen View Post
    Mmmm.....

    Ask them again through email if they insist that you opt-out after you have started on site and have agreed and signed the contract, then contact the pay and work rights helpline on the phone and report them. You will find within 10 days they will back down......

    *0800 917 2368 Monday-Friday 9-5 and Saturday 9-1 The email address for the department of BIS doesn't work you have to get the EAI by calling that number.
    Many thanks for this. Saves me searching.

    Although I am genuinely hoping they are just a bit naive and it won't come to that!

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