Mind the gap in following rules

Published Tuesday 8 July 2008 at 10:15

Ruth Piggott, agency co-ordinator at Mind the Gap Actors’ Agency, says the company will provide a support worker to travel with learning-disabled performers who have been introduced to an employer by the agency (Mind The Gap agency to boost equal opportunities, page 2, June 26). She says, “That support worker has to be paid for by the employer, but our rates are very competitive.” I would ask why Ms Piggott felt the need to refer to the agency’s rates being competitive?

The implication in the statement, that the support worker “has to be paid for by the employer” and the agency’s rates are competitive, is that the agency is paying the support workers then charging the employer a fee for both the support worker’s and the agency’s services.

I would therefore advise Ms Piggott that under the terms of the Employment Agencies Act 1973 it is a criminal offence for an employment agency to pay to or make arrangements for paying to a work-seeker their remuneration arising from the employment with the hirer.

It is for the employer to determine as to whether they wish to engage a particular worker, how they find that worker - whether directly or by engaging an employment agency, and what they pay the worker. The employer must also pay the worker directly - they cannot pay them through an employment agency. Employment agencies cannot set the rates which an employer pays the workers.

I would also raise the question as to if the agency is going to introduce to employers learning-disabled actors who have not been trained by Mind The Gap?

Ray Hoppkrofft

Modelling Information Service

Barker Street

West Yorkshire