Director of Employment Business Fined £16,000
An employment business director, Stephen Harvey, has been prosecuted by the Department for Business, Energy and Industrial Strategy (BEIS) in relation to 8 charges contrary to the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the Conduct Regulations).
Mr Harvey was director of 2 companies, both called Whites Recruitment International Ltd (Whites), one of which was incorporated in England & Wales and the other in Malta. One or other of the companies was an employment business.
Whites sent a number of civil engineers and quantity surveyors to work on a project constructing universities in Libya.
Upon a referral from Companies House, BEIS brought 8 charges against Mr Harvey in relation to breach of the Conduct Regulations. Four of the charges related to a failure to provide workers with the necessary paperwork in relation to their employer and the terms of their employment. The other four charges related to the withholding of four workers’ final salary, totalling €25,905.60. My Harvey pleaded guilty to all 8 charges.
Mr Harvey was fined £16,000, ordered to pay £16,979.38 towards prosecution costs and disqualified from being a company director for 2 years.
The Conduct Regulations impose certain requirements and restrictions on employment businesses and employment agencies in respect of their relationship with agency workers.
Employment agencies and individuals who breach the Conduct Regulations can be subject to unlimited fines and, in the most serious cases, can be banned from operating for up to 10 years.
This case serves as a stark reminder to employment businesses of the importance of ensuring compliance with the Conduct Regulations and related legislation.
This bulletin is for general guidance purposes only and should not be used for any other purpose.
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