Instructions for use:

  1. Copy and paste all of the text below in to your reply email to the email you received from your agency;
  2. Type the name of the person that sent you the email over the XXXXX OR Dear Sirs if the sender is unknown;
  3. Add your full name to the bottom to sign-off your email;
  4. Copy in [email protected] to your email when sending it to your agency; and
  5. Forward any reply from your agency to [email protected] so that we can consider it and prepare a reply for you.

Download a simple template and use it to complain to your Agency

Click Here to Download Template

TO: A director of [name of agency]

Your company is refusing to allow me to select my own umbrella company and is obligating me to choose from a list of umbrella companies that you recommend purely because they are FCSA members.

Even though the obligation you are imposing on me is a direct breach of Regulation 5 of the Conduct Regulations 2003, I am left with no option but to engage with an umbrella of your choosing, against my better judgement and under protest so that I can continue to work and be paid for that work.

Please note the following passage which is taken from the FCSA's Best Practice Code of Compliance which demonstrates the irrelevance of FCSA membership which you are insisting upon and thereby using as a demonstration of your own due diligence procedures:

“The Code of Compliance review (“the Review”) is a sample review of certain transactions…and the information/documentation and explanations (together, “the Information”) supplied by the business in question. In conducting the review, FCSA’s assessors will rely on the information supplied by the business in question and will not conduct any independent verification as regards the accuracy or completeness of this. Accordingly, the FCSA and its assessors accept no responsibility whatsoever for any error or inaccuracy contained in the information, or for any loss or damage suffered by any person who relies on such information. The review cannot, in itself, guarantee current, past or future compliance with relevant legislation, regulations and appropriate industry practices and neither should it be taken to mean that HMRC or any other professional or regulatory body will not enquire into any matter that is subject to the requirements of the FCSA Code of Compliance. Any prospective or current member is at all times responsible for ensuring its compliance with relevant legislation, regulations and related industry practices and the FCSA (and it’s assessors) accept no responsibility to them or any third parties whatsoever in this regard.”

In order to provide me with some reassurance I request that a Director of your company or a suitably responsible individual signs this document where indicated below which thereby confirms and accepts that your company:

  • Is aware that FCSA membership changes frequently and therefore has not merely accepted FCSA accreditation as indicating an umbrella company’s compliance without undertaking its own full, independent and ongoing due diligence on each individual FCSA member;
  • Does not, nor do its employees, receive any secret commission or any financial reward from any of the umbrella companies it recommends to me and that it fully complies with the Bribery Act 2010;
  • Guarantees that by using an FCSA member I will not be exposed to any investigation by HMRC as a result of your instruction to use any FCSA member who is subsequently found to be non-compliant and that your company fully complies with the Criminal Finances Act 2017; and
  • Will fully indemnify me against any financial losses suffered by me as a direct consequence of my use of an FCSA member recommended by your company that results from any wrongdoing by that member.

In the absence of your signature, I reiterate my desire to use an umbrella company of my choosing who will be subject to your standard due diligence obligations and for the use of which, I accept full responsibility for any subsequent liabilities.

Directors Name: ……………………………………………

On Behalf of: ……………………………………………

Date: ……………………………………………

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