Search

Attention: industrial, political, social affairs and home affairs correspondents

Undercover sting catches job agencies breaking the law - Government must get tougher

New Government regulations for agency workers due to come into force tomorrow (Tuesday) will do very little to protect vulnerable workers from exploitation at the hands of crooked employment agencies, says the TUC today (Monday).

A TUC undercover investigation reveals that employment agencies are breaking the law by charging individuals to find them work. But regulations that come into force on Tuesday will do nothing to stop these illegal practices, says the TUC.

Two thirds of the agencies approached told TUC investigators posing as undocumented migrant workers that they could get them work but only after they paid a fee. One of the agencies said that £100 could lead to waiter’s job, whilst it would cost £50 for a position as a kitchen porter.

It is currently against the law to charge most temps a ‘find-work fee’. The unlicensed and unregulated nature of UK employment agencies world, combined with an almost complete lack of enforcement by government inspectors is allowing many high street agencies to make a quick buck from unsuspecting workers, says the TUC.

Despite repeated calls for tougher regulation, the UK Government is blocking an EU Directive that would provide equal pay and decent rights for agency workers. Instead, temps in the UK will have to make do with the new, much weaker, regulations.

The TUC is concerned that language difficulties and an ignorance of UK employment law make migrant workers from within the EU and beyond especially vulnerable in the hands of agencies operating on the fringes of the law. Undocumented workers are particularly at risk of mistreatment, warns the TUC, as people afraid to make themselves known to the authorities are unlikely to make a complaint about an agency.

TUC General Secretary Brendan Barber said: 'The new regulations will not stop agency workers being treated as third class citizens. The Government has bent over backwards to the wishes of employers and agency owners, instead of acting to protect the group of workers most open to abuse from unscrupulous employers and rogue agencies.

'Our research shows many agencies cannot be trusted to operate within the law. All agency workers, regardless of where they are from, deserve to be treated fairly and not exploited. But it seems the more vulnerable an agency worker, the more likely an agency is to charge. Licensing UK employment agencies, a proper system of enforcement and lifting the block on the EU Temporary Agency Workers Directive would help stamp out these kind of abuses.'

The TUC is calling on the Government to:

• Withdraw from the alliance of Irish, Danish and German governments that is blocking the progress of the EU Temporary Agency Workers Directive.

• Introduce a system of licensing for all employment agencies and increase the resources available to Department of Trade and Industry inspectors so that any agency flouting the law may be successfully prosecuted.

• Bring in protection for whistleblowers so that any worker whose immigration status is unclear can make a complaint about an agency and not be immediately threatened with deportation.

Notes to editors

On 25 and 26 March 2004, Alex and Carlos, both of whom work for the TUC, went undercover to test how they would be treated posing as workers newly arrived in the UK from Brazil and Mexico. They visited six agencies, all in London, and although some asked about eligibility to work, none wanted to see any documentation establishing an entitlement to work in the UK. Two of the employment agencies said that they would make no charge for finding work, the other four demanded a fee - one defended their action by saying that this was for help with a CV and other services (although this had not been stated initially). The other three agencies all said that work could only be found on payment of a fee. This ranged from £50 to £100 and is direct contradiction of the Employment Agencies Act 1973 (Charging Fees to Workers) Regulations 1976 (SI 1976 No. 714).

It is currently against the law to charge most temps a ‘find-work fee’. Tomorrow’s changes will extend this protection to cover musicians, entertainers and models, who will no longer be charged a fee to register to find work, but agencies will still be able to take a cut of performers’ earnings if they place them in a job.

As part of its ‘Working on the edge’ campaign, the TUC has produceda rights guide for agency workers including the new rights coming into force on 6 April which will be available through www.tuc.org.uk and the TUC Know your rights line 0870 600 4 882.

Contacts:

Media enquiries: Liz Chinchen 020 7467 1248 or 07699 744115 (pager) or email media@tuc.org.uk

Press release (900 words) issued 5 Apr 2004