Improper Conduct

Tearing my hair out this week. With the tantalising prospect that I may get a few days paid work at some stage in the future if everything works out I started looking into the problem of how to get paid. The employment agency suggested I approach an umbrella company. I had an initial conversation with a sensible sounding representative of an umbrella, and forwarded his details to my agency. The agency sent me a contract to sign. This contract asked me to opt out of the Conduct Regulations 2003. Clearly, I’m not opting out of legislation without understanding what it means. So I looked up the text of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (SI 3319) as well as the DTI guidance on the subject. My reading of the regulations and guidance was that the regulation was put in place to protect us job seekers from unscrupulous practice – things like making you pay the employment agency to produce your CV, or asking for other fees to cover their costs. It didn’t sound to me that I would want to opt out. So I rang the umbrella. The previous sensible rep was not available. The person I spoke to admitted they didn’t have a clue. So I phoned the agency. They confirmed that of course, they could not and would not insist on my opting out, but they were sure the umbrella would want me to do so, and besides, opting out of the regulations would save me tax.

I looked again at the regulations. I searched hard for the word ‘tax’. ‘No matches found’ reported my browser. So I phoned the umbrella again. Clueless rep answers the phone. I asked if she could pass me through to someone who had a clue. His explanation of the Conduct Regs was that they would prevent me working too many hours, and I’d probably want to work more hours so I should opt out. I suggested this might possibly be the working time regulations? (1998, SI 1833). No, no. It was definitely the conduct regulations I needed to opt out of in order to work 100 hours a week. Despairing, I suggested we were not getting anywhere and terminated the call.

When you are told something you know is not true, it makes you very suspicious about the other stuff you are not certain about. I wonder how many people are persuaded to opt out of hard fought for legislation put in place to protect us? Has anyone been asked to opt out of their rights under the Health and Safety at Work Act? Right now I feel like applying for a job stacking shelves at the local supermarket.