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No punishment, no incentive

Published Tuesday 4 March 2008 at 11:45

Equity has a motion going to its Annual Representative Conference in May from the Walk-on Committee, calling to make it union policy to lobby the government to make the Employment Agency Standards a statutory body that can impose on-the-spot fines without having to resort to lengthy and costly court action - where the outcome cannot be relied on - in order to impose fines.

Currently, the EAS has proved that it will not take any punitive action against any work-seeking service for wrongdoing unless it is where an agent refuses to pass on money the agency has already received to the performer, despite being asked to do so by the EAS.

I have been told by John Thorpe at a recent meeting that the EAS will not go to court on slow payment persistent offending matters and therefore will not penalise any agency that breaks such EAS regulations - persistently. Therefore, there is no incentive for any agency to abide by any EAS regulations, except that they must pay the performer at some point of the agency’s own choosing.

You may be interested to see how the EAS budget has been reduced year-on-year, (www.theyworkforyou.com/wrans/?id=2005-07-05a.8781.h). Of course, it was announced last year that finally the EAS is able to double the number of inspectors to 24, but this will not resolve the issue of there being no punitive action by the EAS for wrongdoing.

If agents knew they ran the risk of being fined, they would certainly think twice about breaking EAS regulations. There would be far less complaints, which would require less work by the EAS, so they could concentrate on more serious issues such as the taking of up-front fees under false pretences.

If I park my car on a yellow line, the government does not just seek compliance, it seeks a fine. Minister Pat McFadden stated on the BBC Today programme on January 29 this year that: “Enforcement is not just about prosecution, but getting people to abide by the law.” He added: “But where there is persistent offences, we will prosecute.”

Clearly the minister does not appear to understand how the EAS operates, otherwise he would not have made such a statement. There are no prosecutions, except where workers earnings are never passed on to the performer (worker). One would expect 85% compliance and 15% fines. But as Shadow Minister Mark Prisk proved, there were 342 complaints to the EAS, yet only one prosecution, and even that again was where earnings were never passed on. That is 0.3%, which is a shocking figure - clearly this cannot continue.

Any other type of complaint appears to be buried by the EAS without trace. The public is not even aware of the EAS’ existence - never mind taking a complaint to them. The EAS is aware of this fact. Which is why I most probably receive more complaints about scam agency up-front fees than EAS does.

There is no punitive action in 99.7% of cases brought to the EAS’ attention. Is it any wonder that wrongdoing is on the increase? Parents and their children, Equity and Bectu members deserve better.

I have one performer who recently contacted me who is still waiting to be paid by their agent for work done in April 2007. The agent has just told the performer after many complaints: “I assumed everyone on the project was paid.” Yet has still not passed the money on.

Remember, the EAS (still) also does not know what actually counts as an up-front fee, charged by a work-seeking service (agency).

Shame!

Clive Hurst

Walk-on Councillor

Equity

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