Do you really know your rights?

Employment Agency Legislation may protect you in many areas - in particular around confidentiality, 'stick-or-twist' and your right to information before you accept a post.

• Employment Agency legislation offers significant protection to work seekers.
• What is an Employment Agency?
• Why don't Deaneries admit they are Employment Agencies?
• Information given to work seekers
• The twist and stick dilemma
• Maintaining your confidentiality
• Training Programmes and Contracts of Employment
• If I withdraw from a job will the GMC be interested?
• I have been offered a place on one Training Programme, but haven’t heard yet from the one I prefer. What should I do?
• I think a Deanery has breached the regulations. What should I do?

 
Last year the Department of Business Enterprise and Regulatory Reform (BERR) published a consultation document which summarised the legal status of Deaneries.

…. Despite the dual roles that deaneries play, we consider that they operate as employment agencies within the definition of the Act and there is currently no exemption in place for them.

The government attempted to introduce a change to the law, which would have exempted Deaneries from Employment Agency legislation. In the summer of 2009 they carried out a consultation. Remedy successfully challenged this. The status quo has been maintained at least for the time being. The proposed examption has been delayed - possibly indefinitely.

Employment Agency legislation offers significant protection to work seekers. There is a simple guide to it at the direct.gov website. Those of you with an interest can consult the most recent Act of Parliament or read the Remedy view or the views of the BMA.

What is an Employment Agency?

There are three important parts of the Act we would highlight.

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• Information given to work seekers
• The twist and stick dilemma
• Maintaining your confidentiality

The legislation requires that sufficient information is given to work-seekers, including the place of work, the nature of the work and the duration of employment. This information needs to be provided to the work-seeker by the Employment Agency at the time that the offer is made, or in any event within three business days.

The second is the statutory requirement under Section 6 of the 2003 Act that prevents Employment Agencies from:-

… subjecting or threatening to subject a relevant work-seeker to any detriment on the ground that –
(i) the relevant work-seeker has terminated or given notice to terminate any contract between the work-seeker and the agency or employment business, or
(ii) in the case of an employment business, the relevant work-seeker has taken up or proposes to take up employment with any other person; or
(b) require the relevant work-seeker to notify the agency or the employment business, or any person with whom it is connected, of the identity of any future employer of the relevant work-seeker.

Remedy believes that this requirement affects the ability of an Employment Agency to compel applicants to withdraw their other applications when they receive an offer.

Your confidentiality is protected by Section 28 of the Act.

(1) Neither an agency nor an employment business may disclose information relating to a work-seeker, without the prior consent of that work-seeker, except -
(a) for the purpose of providing work-finding services to that work-seeker;
(b) for the purposes of any legal proceedings (including arbitration); or
(c) in the case of a work-seeker who is a member of a professional body, to the professional body of which he is a member.
(2) Without prejudice to the generality of paragraph (1), an agency shall not disclose information relating to a work-seeker to any current employer of that work-seeker without that work-seeker's prior consent, which has not by the time of such disclosure been withdrawn, and shall not make the provision of any services to that work-seeker conditional upon such consent being given or not withdrawn.

Why don't Deaneries admit they are Employment Agencies?

Training Programmes and Contracts of Employment

A Training Contract is a separate type of agreement between trainer and trainee.

It is important that you check which type of contract – Employment or Training – you have signed.

If I withdraw from a job will the GMC be interested?

We recognise that the provision of safe levels of patient care is essential, that it would be irresponsible for doctors to pull out of a job that they had agreed to do at short notice, and that once you have accepted a firm offer of employment then you must honour that committment. The GMC itself has issued guidance on this subject.

If you find yourself in this predicament then there are two important aspects to consider. Firstly there is the nature of the contract – Employment or Training – that you have signed. Paragraph 49 of Good Medical Practice refers solely to a ‘post you have formally accepted'

Secondly you must consider what would be a reasonable period of notice to give if you were to withdraw. Three months is the usual notice period for Specialty Trainee jobs.

I have been offered a place on one Training Programme, but haven’t heard yet from the one I prefer. What should I do?

If you intend to withdraw from all other training programmes that you have applied for then we would encourage you to let the Deaneries know this. However you might still consider that their letter compelling you to do this contains a threat that breaches Section 6 of the Act, and you might wish to let BERR know. You can do this anonymously

If you do not intend to withdraw from all other training programmes then you should let the Deanery know this, and you should also state your reasons. You should never deliberately mislead them of your intentions or give false or incorrect information.

One possible wording that you could use is as follows:-

RESPONSE TO OFFER LETTER FOR SPECIALTY TRAINING PROGRAMME

Name:

Candidate Ref:

Date of Offer:

I acknowledge receipt of the allocation letter offering a place on the [] training programme at entry level [] in [] Deanery.

I understand that under Sections 18 and 21 of the Conduct of Employment Agencies and Employment Businesses Regulations (2003) then you will notify me within three business days of the location that I will be working at, the nature of the work and the pay I will receive.

I also understand that under Section 6 of these Regulations that I do not need to notify you of the identity of any future employer, and that you will not subject (or threaten to subject) me to any detriment if I terminate or given notice to terminate this arrangement with you.

I look forward to receiving a Contract of Employment in due course.

On the above basis I accept this allocation.

I think a Deanery has breached the regulations. What should I do?