In response to you forcing me to choose an umbrella employer mandated by you, I wish to make clear that I object to you not allowing me my freedom of choice, for the following reasons: -
- You have decided for me that I must be employed by an umbrella employer that is part of a mere trade organisation that has no formal accreditation status and only consists of a small number of privately owned companies that will significantly benefit from financial gains;
- Your conduct in recommending specific umbrella employers calls into question whether your company is directly benefiting from a financial arrangement with them by way of, for example, a referral fee, timesheet rebate and secret commission in direct contravention of the Criminal Finances Act 2017;
- You have not permitted my chosen umbrella employer to undergo your company’s standard due diligence;
- Your conduct is illegal and in breach of Regulation 5 of The Conduct of Employment Agencies and Employment Business Regulations 2003 (“the Conduct Regulations”) as you are imposing a condition on my employment by insisting upon the use of your PSL from which you financially gain; and
- I may be forced to commence a wholly unnecessary claim for damages against your company.
Before I complain to the EASI in 7-days’ time, if you do not confirm in writing that I will always have freedom of choice to choose my own umbrella employer, please answer the following regarding your company’s conduct:-
- What due diligence has been undertaken in relation to each of the umbrella employers that you insist upon;
- How did it reconcile its conduct and decision with Regulation 5;
- Who were the key decision makers;
- What external or other consultation was undertaken;
- What external pressures have been applied to it to act as it has;
- What financial incentive and interest will your company benefit from by forcing me to choose one of your mandated umbrella employers?
Please do not ignore this email as failure to enter into dialogue with me will be added to the EAS complaints.