The Employment Agency Standards Inspectorate (EAS) has recently introduced a new system for agency workers to file complaints against recruitment agencies. This new process makes it easier for workers to report issues and helps them understand what the EAS can investigate. This ensures a more efficient and transparent system for all parties involved.
How to Make a Complaint
If you’re an agency worker and want to complain about a recruitment agency, you must first gather relevant evidence to support your case. This evidence may include written communications with the agency, contracts or terms of employment, assignment or pay documents, timesheets, payslips, and any other supporting documentation.
Next, contact the EAS by email or phone and give them a summary of your complaint. It’s important to know that you must allow the EAS to share your name with the agency for them to investigate your complaint.
What the EAS Can Investigate
The EAS oversees making sure recruitment agencies follow the rules. As such, they can investigate a wide range of complaints related to recruitment agency practices. These include issues such as withholding pay for worked hours, failure to provide a contract, absence of a Key Information Document, lack of written assignment details, and charging fees for finding work.
Additionally, the EAS can investigate complaints about agencies forcing workers to purchase additional goods or services, restricting them from seeking employment elsewhere, disclosing job-seeking status to current employers, or forcing workers to reveal future employer identities.
How the EAS Handles Complaints
When the EAS gets a complaint, they follow a clear step-by-step process to address the issue. First, they let you know they’ve received your complaint within 5 working days. Then, they assign an inspector to look into your case. This inspector will get in touch with both you and the recruitment agency to gather all the information they need.
The EAS aims to resolve cases within 6 weeks or receipt, but if the investigation takes longer, they commit to providing updates every 6 weeks to keep all parties informed of the progress. It’s important to note that if a worker makes a complaint, the EAS has the power to investigate that specific complaint on their behalf. However, this could also trigger a more general inspection of the recruitment agencies practices. If the EAS confirms a breach of regulations, they are likely to order the business to remedy the breach. In serious cases, the EAS has the authority to take stronger action which can include going to court. This approach helps make sure complaints are dealt with fairly and encourages recruitment agencies to follow the rules.
Important Considerations for Complaints
The most common complaint the EAS receives is related to unpaid wages. However, the EAS cannot investigate complaints if the worker doesn’t allow their name to be disclosed to the agency. This is a crucial point for workers to consider when filing a complaint.
Interestingly, complaints can still be investigated even if the worker is pursuing an employment tribunal claim simultaneously. This allows workers to seek resolution through multiple channels if necessary.
However, it’s important to understand the limitations of the EAS’s jurisdiction. They do not have the authority to investigate matters such as the Agency Workers Regulations, Working Time Regulations, or employment-related issues like discrimination or dismissal. These issues fall under the purview of other regulatory bodies.
This new guidance system represents a significant step forward in addressing agency workers’ concerns while also helping recruitment agencies understand their compliance obligations. By streamlining the complaint process, the EAS seeks to make the recruitment industry fairer and more open for everyone involved.
Mehak Gupta is a Graduate Trainee with Jonathan Fagan Business Brokers Limited. She holds an LLB in Law from De Montfort University and outside of work she has a passion for fashion, content creation and travelling. Mehak enjoys spending time with friends & family, working out and exploring new places. Mehak says that her interests in fashion and content creation keep her creative and engaged, making every day an exciting journey.
Jonathan Fagan is Managing Director of Ten-Percent Legal Recruitment and a non-practising Solicitor. Ten-Percent Legal Recruitment provides online Legal Recruitment for Solicitors, Legal Executives, Licensed Conveyancers, Legal Cashiers, Fee Earners, Support Staff, Managers and Paralegals. Visit our Website to search our Vacancy Database.
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