Labour Research (April 2008)

Law Matters

Workers get opt-out rights from agencies

Changes to the law governing the conduct of employment agencies from 6 April will give workers the right to opt out of services provided by an agency, such as transport and accommodation, without suffering a detriment or penalty. The worker must give five working days’ notice, or 10 days in the case of accommodation.

The new law also prevents agencies from charging upfront fees for putting individuals’ details into a publication (such as an acting or modelling portfolio) for a period of seven days, and gives workers the right to cancel the agreement within the same time.

However, the creation of this “cooling off” period does not go far enough for actors’ union Equity, which has campaigned with entertainment union BECTU for a ban on upfront fees.

Equity research officer Matt Payton told Labour Research that most agencies make their money on commission from work they have actually found for their members, so there is no justification for upfront fees. The unions want to see the end of “hard-sell” tactics by entertainment and modelling agencies that set up in a hotel and advertise in the back of papers, targeting members of the public.

The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2007 are available at www.opsi.gov.uk/si/si2007/uksi_20073575_en_1


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