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FCSA is a Cartel Kingpin!

Criminals Exploiting Hardworking NHS Workers

SaveNHSWorkers has uncovered what it considers to be indisputable evidence that all FCSA members are actively conspiring amongst themselves to price fix what they all charge their contractors, including NHS workers, for their umbrella employer payroll fee and that the FCSA has orchestrated the entire Cartel operation.

What has SaveNHSWorkers uncovered?

A whistleblower from within the inner sanctum of the FCSA and who has become a very well-known name in the umbrella payroll sector has freely and independently approached SaveNHSWorkers over their long-held concerns and frustrations about the conduct of the FCSA and the stronghold it has over its members and, consequently, the significant financial detriment caused to hundreds of thousands of hard-working contractors.

Since first going live, our website has openly declared the FCSA to be a Cartel and, within days, the FCSA’s expensive heavyweight solicitors and erstwhile partners, Brabners, threatened the campaign with immediate legal action if the allegation was not removed and if an apology was not made. SaveNHSWorkers stood its ground and neither the FCSA nor its legal hound have denied the Cartel allegation with any evidence that proves it and its members are not acting illegally.

The campaign now intends to put the Cartel activities of the FCSA and its members in the public domain!

To whet your appetite, we now make public the very strongly worded threatening letters off Brabners and our responses prepared by our legal team. Despite six weeks having passed since our last communication with Brabners, the campaign has not received a reply….rather strange we think!

Readers will see that we asked for some very simple and straightforward FCSA documents if the Cartel allegation was to be properly denied. Readers can probably guess the outcome…..no documentation has ever been provided!

The whistleblower, who will be giving evidence to the Competition and Markets Authority (CMA) and who has submitted his whistleblowing complaint, has confirmed that to become an FCSA member every one of them must give a verbal guarantee (to avoid any documented evidence of wrongdoing) that they will not undercut another member with the contractor payroll fee that has to be set between £20 to £22 per week; about 25% more than the market average! Yes, to be a member, you have to agree to charge our NHS contractors more money! This is in clear breach of UK and EU anti-competition laws and is out-and-out price-fixing and illegal.

So, what’s the problem; it’s only £5 per week more?

Well, those extra pounds per week go towards the combined annual turnover for all FCSA members of £2 billion per year! So, hard-working and underpaid NHS contractors are being overcharged millions of pounds per year when being forced by employment agencies to use FCSA members.

And once they’ve completed Phase 1 of their absolute strangle holding monopoly of the marketplace following the implementation of the framework changes proposed by Health Trust Europe, why would they not increase their charges to contractors even more during Phase 2 when its market dominance is secured?

So, who is to blame and accountable for the Cartel?

Undoubtedly the greedy, scheming founding members of the FCSA which include Parasol, Giant and Brookson One, who have a combined annual turnover of £460 million and who are now exposed to a total financial penalty of £46 million. That said, the complicity of all of the forty-two FCSA members cannot be ignored and the penalty then rises to £200 million!

Who are the individuals that are responsible?

The starting point has to be the all too cosy Elected Board of the FCSA composed wholly of umbrella companies that includes the chairman, Chris James (JSA) and the other board members: Graham Fisher (Orange Genie), Matt Fryer (Brookson One), Colin Gunnel (Boox), Nick Holmes (Umbrella.co.uk), Louise Rayner (NumberMill) and Joe Tuffurelli (Liquid Friday). Then there are the hundreds of directors and decision-makers involved with the member companies over the many years, all of whom are now facing imprisonment of up to five years, director disqualification for up to fifteen years and unlimited fines.

How does this scandal relate to the cause of the SaveNHSWorkers campaign?

The answer is very simple: How can Health Trust Europe and any NHS frameworks actively and publically support and justify the use of FCSA members to deal with the payroll of hundreds of thousands of contractors when those members are acting illegally? It also begs the questions: How truly compliant can the members be and what else are they up to that could be illegal? And, what about the Brookson One NHS VAT avoidance scandal?

If the Cartel scandal is not enough…read on!

It has also been confirmed to SaveNHSWorkers that Gary Snart of Health Trust Europe is to be personally paid a six-figure backhander by the FCSA…therefore, an out-and-out bribe! He is being paid to persuade the board of Health Trust Europe (whose parent company, HCA Healthcare, a US megacorporation that is perhaps paving the way for a Trump style incision into our NHS healthcare system) that it must force the employment agencies that it has financial control over to include FCSA members in their Preferred Supplier Lists. This instruction results in contractors having to resign from their current umbrella employers with the wholesale loss of all employment rights and benefits if they are not already employed by an FCSA umbrella employer member.

If being prosecuted for being part of a Cartel isn’t enough to worry the FCSA members, the bribe to Gary Snart will result in criminal prosecutions that can result in up to ten years imprisonment, unlimited fines, and director disqualification and the obviously huge reputational and business damage.

A call to action!

Surely the time has come with these astonishing revelations for the government, Health Trust Europe, NHS trusts, NHSi and all of those responsible for and involved in NHS frameworks to step-up and launch a full and thorough investigation into the conduct of the FCSA and its members to prevent another scandal jeopardising our NHS and its contractors.

Anyone that has information and evidence to support the complaint to the CMA, or any other concerns regarding the conduct of the FCSA or its members, can contact SaveNHSWorkers in complete confidence by emailing to help@savenhsworkers.org

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