Flash posted this article, about an opt out, in the Comments section after one of our articles.
Opt Out and Go Direct
If you have not opted out, you can go direct to the client.
If the agency/client has a specific clause allowing for a period of continued hire, you can continue with the agent for that period, and then go direct.
So, if you were to look to go direct immediately, the agency could invoke a penalty clause with the client (but not against you).
If the agency-client contract lacks this continuation clause (and many do) you can go direct when your contract finishes.
No Penalty Clause
The agency cannot legally enforce a penalty clause on either you or the client.
If you have opted-out (and why anyone would want to I have no idea!) then you and the client would be bound by any restrictive or penalty clauses in the contracts.
It is worth bearing in mind, that a lot of contractors have not actually opted-out (even if they have signed an opt-out notice) as the it must have been done before you are introduced to the client (so before interview) to be valid.
Asking You to Opt Out
This is important. Many agencies wait till they’ve actually got you a contract before they ask you to opt out. However, as it says above, they must have got you to sign the opt out BEFORE they introduce you to te client.
Once you’ve actually gone for the interview they you can’t legally opt you out.
So, remember back to when they put you forward? Did they ask you to sign the opt out then?
Did they ask you to sign it after they put you forward for interview?
If the answer is no then you can go direct to your client at the end of your current contract.
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