Re: Mental
"The issue I had was if the clause was in my contract of employment could I opt back in or not?"
It's not enforceable as part of a contract of employment and as such should not appear in the contract*. You cannot be required to opt out or prevented from opting back in*. Any such attempt is invalid and unactionable under the statute*.
However, that won't stop employers from trying... and for finding other reasons to fire you if you don't comply. In Tribunal, however, the fact they've put the clause in indicates they're acting in bad faith in the contract and that will be counted against them when considering the case. It can be enough to sway an 'iffy' case into the employee's favor, including claims of unfair dismissal when there's little evidence: That clause can be the evidence.
*This is what we were told by my old HR department after our director tried this on us. Obviously I am not a lawyer and this is not legal advice - best talk to a solicitor if you want legal advice on this.
Biting the hand that feeds IT
