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Malcolm Eric Finnimore, who ran 'Riviera Artistes' of Torquay, Devon, pocketed money he received on behalf of actors for their work in television and film productions. Southampton Employment Tribunal banned him following proceedings taken by the Department of Trade and Industry's Employment Agency Standards Inspectorate.
The Tribunal heard that Mr Finnimore had been prosecuted on three separate occasions by the DTI for failing to pass money owed to actors and extras. He also failed to comply with a County Court order totalling £7,520 in respect of money he had received on behalf of workers.
Employment Minister Gerry Sutcliffe said: "The DTI will come down hard on any agency that flouts the law.
"This maximum 10 year ban serves as a message to rogue employment agents that they won't get away with exploiting their clients."
The Secretary of State for Trade and Industry made an application to prohibit Malcolm Eric Finnimore under Section 3A of the Employment Agencies Act 1973. The DTI confirmed to Shout99 that this Act applies to agencies regardless of the businesses in which they operate.
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 or for any other sufficient reason.
The DTI is currently reviewing the regulations following extensive public consultation.
For more information about the Employment Agency Standards Inspectorate see their website. The DTI took action in this case following complaints to the Employment Agency Standards action line.
Editor's Update:
Following some of the debate this article generated I contacted the DTI to find out about the current position.
1. The current 'conduct regulations' as stated here do not apply to limited companies.
2. A lengthy consultation took place last year and the DTI is currently considering the position on this - and other issues.
3. The DTI is still considering its position and no decision has been announced - although one will be made in due course (sooner rather than later).
4. By the way, the prosposed EU Agency Workers Directive as drafted does not cover limited companies. It will be up to the individual member states to include them if they so wish.
(added by Susie Hughes after discussion with DTI - 16.45pm Thursday, September 25).
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Susie Hughes © Shout99.com 2003
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