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Gerald Leslie Hemming, trading as Hemmings Leisure, from Solihull, was prohibited at Birmingham Employment Tribunal on 5 January 2011. The…
Gerald Leslie Hemming, trading as Hemmings Leisure, from Solihull, was prohibited at Birmingham Employment Tribunal on 5 January 2011.
The prohibition follows a successful investigation by the Employment Agency Standards Inspectorate (EAS), which is part of the Department for Business, Innovation and Skills.
EAS brought the case having successfully prosecuted Mr. Hemming in January 2009 at Solihull Magistrates’ Court. This resulted in him being ordered to pay back withheld payments to a number of acts.
Tribunal Judge Warren complimented BIS for its pragmatic approach in brokering a revised decision with Mr. Hemming which had initially requested a total employment agency ban. However in light of the time period from January 2009 and absence of further misconduct an amended ban was agreed between parties.
Employment Relations Minister Edward Davey said:
“Laws are in place to stop agency workers being exploited and we will continue to enforce them vigorously. It is not acceptable for agents to withhold payments - they are taking advantage of workers, flouting the law and undermining the vast majority of agencies that play by the rules.”
Notes for Editors
The Secretary of State for Business, Innovation and Skills (BIS) made an application to prohibit Gerald Leslie Hemming under Section 3A of the Employment Agencies Act 1973.
Mr. Hemming is also prohibited from the 5 January 2011 to the 4 January 2018 from running an employment agency unless the following conditions are met:
to fully comply with the Conduct of Employment Agencies and Employment Businesses Regulations 2003 over the next 7 years;
that each contract with a work-seeker includes express provisions as to payments to work-seekers and Mr. Hemming complies with his contractual obligations;
every 13 weeks (starting 1 April 2011) Mr. Hemming discloses to the EAS full written details of each contract entered into during that time period.
Under the Act, Employment Tribunals may prohibit individuals, companies or partnerships, from carrying on, or being concerned with the carrying on, of an employment agency or an employment business for a period of up to ten years on grounds of misconduct. Employment Tribunals will consider evidence from BIS on applications made by the Secretary of State for Business, Innovation and Skills and can issue a total ban against a person or attach certain conditions attached to any order.
Anyone with a complaint or query about an employment agency or about the law applying to agencies should contact the Employment Agency Standards Inspectorate by emailing email@example.com or calling the Pay and Work Rights helpline on 0800 917 2368. Agency workers can find out more about the rights they are entitled to by visiting www.direct.gov.uk/agencyworkers or by calling the Pay and Work Rights helpline on 0800 917 2368.
5 The Employment Agency Standards inspectorate is part of the Department for Business, Innovation and Skills. To find out more about the EAS, please visit www.bis.gov.uk/eas
Agencies that break the law can face prosecution and courts may impose unlimited fines for the most serious offences. Rogue agencies can also be banned from operating for up to ten years. A current list of prohibited people is available on the EAS website www.bis.gov.uk/eas
The BIS online newsroom contains the latest press notices, speeches, as well as video and images for download. It also features an up to date list of BIS press office contacts. See http://www.bis.gov.uk/newsroom for more information.
Notes to Editors
Name BIS Press Office Job Title
Division COI Phone
Name Henry Tanner Job Title
Division Department for Business, Innovation and Skills Phone 020 7215 5947 Fax
Published: 1 February 2011