CANDIDATE COMPLAINT TO AGENCY

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.

NHS Workers ONLY

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


Click Here to Download Template

Dear XXXXX

 

In response to your attempt to force me to resign from my current umbrella employer, I wish to make it clear to you that I am very happy with my umbrella employer and that I object to you dictating to me that I must move to one that suits your business’ financial purposes, for the following reasons: -

 

  1. Your unilateral decision making and conduct is unfairly and unlawfully interfering with and jeopardising my employment rights with potentially enormous personal consequences;
  2. Your internal processes previously approved my umbrella employer as compliant so, on that basis, I entered into a contract of employment with it and now you are mandating that I must resign;
  3. I have now accrued employment protection rights, benefits and entitlements that I will lose upon resigning;
  4. With a new umbrella employer I will have to restart the statutory periods to regain the employment protection rights, benefits and entitlements that I will lose upon resigning;
  5. I will have to restart the pension auto-enrolment process with a new umbrella employer and fall victim to the postponement period of typically 3 to 6 months;
  6. You have decided for me that I must be re-employed by an umbrella company that is accredited by an organisation that has no formal accreditation status and only consists of a very small number of privately owned companies that will significantly benefit from financial gains;
  7. 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 and or timesheet rebate;
  8. Your conduct is illegal and in breach of Regulation 5 of The Conduct of Employment Agencies and Employment Business Regulations 2003 (“the Conduct Regulations”);
  9. I will be forced to commence a wholly unnecessary claim for damages against your company; and
  10. To remain employed by my current umbrella employer, I will have to be greatly inconvenienced by having to engage a new agency.

Before I complain to the EAS in 7-days’ time, if you do not confirm in writing that you will not now or ever be forcing me to resign from my current umbrella employer, please answer the following regarding your company’s conduct:-

 

  1. How did it reconcile its conduct and decision with the consequential loss of my employment rights;
  2. How did it reconcile its conduct and decision with Regulation 5;
  3. Who were the key decision makers;
  4. What external or other consultation was undertaken;
  5. What external pressures have been applied to it to act as it has;
  6. What consideration was given to my right to damages under Regulation 30 of the Conduct Regulations; and
  7. What financial incentive and interest will your company benefit from by forcing me to resign and move to one of your prescribed umbrella employers?

I confirm that I will be dealing with this unfortunate situation with the advice and guidance of www.savenhsworkers.org and I am a supporter of its petition.

 

Following consideration of all of the above, I invite you to reconsider your position and then support our cause so that you too can act in the best interests of your candidates knowing that there is in reality no risk to your clients.

 

Please do not ignore this email as failure to enter into dialogue with me will be added to the EAS complaints.

 

[TYPE YOUR FULL NAME HERE]

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