The Government, BERR Employment Agency Standards [EAS],
have just finished their latest [third] consultation [11Jun09], which they claimed yet again, was designed to crack down on entertainment and modelling agencies who constantly exploit
- aspiring actors and models.
Agency misrepresentation - must come within the scope
of EAS Regulations, currently any agency can make any claim they like and not even Trading Standards will put a stop to it;
who state it is an employment matter for the EAS to deal with.
A Casting Directory can claim that 65% of those in
their directory get work; when they have absolutely no idea how many get work.
A Casting Directory can also claim to have been
in business for ten years; when they have only traded for just a number of months...
Currently the above is not an offence - under EAS Regulations!
"One proposal being examined is a ban on allowing agencies
to charge up-front fees to people who think they might be the next big thing. There is a concern that some agencies are charging
exorbitant amounts without any likelihood of securing castings or work for the aspiring performer."
Employment Relations Minister Pat McFadden said:
“Last year we introduced a cooling-off period for
up-front fees, but we are still receiving reports that models and entertainers are being exploited. So now we propose to go
further to stop young people being ripped off.
“I don’t want to tread on anyone’s hopes
or dreams, but I don’t want to see these hopes and dreams exploited by unscrupulous agents and that’s why we are
bringing forward these proposals.”
Ben Seale, Senior Partner from 'Spotlight' said:
"Spotlight fully supports BERR's attempts to tackle the
abuse of upfront fees in the entertainment and modelling sector. We will work closely with them to develop measures that stop
the rogue operators, while allowing legitimate industry directories to continue with their vital role in the casting process."
But remember, that since existing EAS Regulations are not
being properly enforced and there is still no penalisation for such wrongdoing, nothing will change!
Equity & Bectu Unions Demand House Of Commons
Select Committee Investigation of BERR EAS...
By Clive Hurst Equity Councillor for Walk-ons & S.A’s
2 December 2008
Equity Council – calls on the General
Secretary to take all necessary action, in order to convene the existing ‘Business & Enterprise Committee’,
a cross-party select committee of the House of Commons, which scrutinises the role of the BERR and holds it to account.
To provide that select committee, such evidence
showing:
A.The
complete failure of Employment Agency Standards (EAS) to deal effectively with the problem of up-front fees.
B.The need for agency licensing
C.The need for the EAS to
be made a statutory body that can impose fines.
D.The need for the NMW [has]
to be determined, after agency deductions.
E.How the EAS have failed
to enforce existing regulations.
Erik Chandler's mob were at the County Hotel Carlisle CA1 1Q Sat 4 April & Sun 5 April for a Free Phototest Shot & Photograph posing as 'Strut Your Stuff Management'...
Those who could not afford to sign up with £249.50 to 'Strut Your Stuff' were then contacted by phone by 'Model Factor' (Same people) and told that they had a work opportunity the following week for them, providing
they pay £100. Others have told me that the job disappears as soon as the money is paid...
When I exposed the fact that Erik
Chandler owned or was a director of both companies - he suddenly resigned from Model
Factor - on 10 November 2008.
The same day new 'members' were registered
at Companies House, the first was by a Ava Morgan the 2nd by Wicked
Models Ltd. I exposed the new business Wicked Models last year - and suddenly - the website disappeared; but not before
I took a copy of the website!
Against agencies run by Erik Chandler but Minister
continues to allow trickster/s to con the public...
The
Advertising Standards Authority have now
referred Erik Chandlers companies 1st Class Trading
Ltd & Model Factor LLP, to the Office of Fair Trading. I had a meeting with Des Fitzpatrick from the OFT on 10 March 2006. But the OFT failed
to take any action, I had a further meeting this time with Mike Lambourne from the OFT on 23 October 2007. Yet again the OFT failed - to
take any action. Now the ASA are telling the OFT to take action; but will they?
Erik Chandler told BBC Coventry
that he charges a fee also to the agencies he finds victims for?
It is illegal for agencies to charge a
fee to both parties!
Erik Chandler=Jamie Palmer=Erik Irving
- Deceives Public!
The advert stated 'No Agency Fees', but when you get there he charges victims £249.50 to put you in touch... with himself, in order to charge you another £99.99 (Model Factor LLP) after promising actual work, that then disappears - as soon as you pay the fee...
Yes, it is perfectly legal; or is it?
Employment Agency Standards is also deceiving the public by pretending
this is not happening...
So... 2½ years after
the above
BBC Radio
Leicester broadcast, what exactly has changed - the answer is nothing. SHAME!
First you have to pay £249.50
to 1st Class Trading Ltd, then you have to pay £99.99 to Model
Factor LLP, remember all these payments go to just one man, who then tells you to pay yet another fee of £75
to Celebrity Model Factor.
Of course you may refuse
to pay this further fee, but little Erik Irving/Chandler still takes your money, because he
already has your bank details!
Yet Minister Pat McFadden told us a
year ago that we, "Would have greater confidence in employment agencies". What
utter rubbish!
"One person with an intriguing insight into the workings of the agency is the broadcaster
Vanessa Feltz, who appeared on Celebrity Wife Swap with McGee and Daniels
in 2007.
She says: "Debbie represented herself as some sort of
business mogul, but during the entire week we devoted just 20 minutes to her agency.
"I saw no staff and it looked like a miserable website with
a few extremely ordinary people on it."
She adds: "I wasn't aware of a single phone call coming in
to the agency while I was there.
"I can't say whether it was a scam or not, but it wasn't a
hive of activity."
Hello, I am Laurence Smith, UK. I have a Fashion job
(Assignment) for you. My client wants to update her Catalog with her monthly release Fashion outfits and i am interested in
you for the shooting. I am a Model Agent by profession with about a few years experience. Find all details of the job,once
you mail me with your interest .. Regards Laurence Smith
Hello,
We appreciate
your swift response. DIESEL MODELS was founded in 1993 by David McDonald and Tracie Rowleys. Within this period of time we
have grown into one of the most well-known and respected agencies of it's kind in England and Nationwide.
We have worked hard to ensure that we have the most comprehensive selection picture agency based in central London, United
kingdom..We acknowledge gorgeous pictures forcommercial billboard advertisement.
Our web-site is(WWW.DIESELMODELS.CO..UK). We have a big campaign and searching for models and photographers..To give you detailed response please tell us where exactly
you fall into..
Head of Employment
Agency Standards, John Thorpe announced on
Friday 23 January 2009, that he is no longer in that position and has been moved
to BERR Shareholder Executive. His final message to me was:
"While we have not always been of
one mind, working with you has certainly been a memorable experience from which I've learned a lot."
“- cases were brought by EAS during the period of this report
which resulted in Court hearings. One involved a model agency charging assessment fees to work-seekers. – the
Courts did not agree with the evidence that the Department put forward and found in favour of the defendants. –
Where necessary, EAS will seek to address any misinterpretation of the legislation by reviewing the legislation and/or guidance.”
This is I believe is the first and only
up-front fee case taken by BERR EAS, for at least the last five years. The Police and Trading Standards tell me, that it is
EAS responsibility – to deal with such cases, because the Police and Trading Standards, cannot enforce EAS Regulations.
Yet the EAS, still do nothing…
“The government remains committed to ensuring that up-front fees
cannot be used by rogue employment agencies to exploit potentially vulnerable workers and will take further steps if we conclude
that they are necessary,”
How can we take seriously such propaganda statements
by BERR EAS. Remember previous Minister Gerry Sutcliffe said 2½ years ago, that the department would stamp out these practices…
The Stage article mentions 62 complaints.
Only 3 received a refund after the direct intervention by the EAS; that amounts to only 5% of those making such complaints,
a puny figure. It mentions that 10 were unsubstantiated; but gives no reason why. It also mentions 12 were found to be substantiated;
but only warning letters were sent? According to my arithmetic that leaves 37 complaints not dealt with yet, that accounts
for 60% of these complainants.
Glad to read 'The Stage' mentioning Equity's latest motion calling
for an all party select committee to review what this government department is doing/not doing...
But what about all those victims who still
do not know they were scammed. Or those that don't know who to complaint to? Or those who feel
too embarrassed to complain. Of course such scammers rely heavily -
on this last scenario.
That
you: "Would have greater confidence in employment agencies". For the life of me I have no
idea why they made this claim, since they have done absolutely nothing in the last five years that would give any such indication.
In fact, it has got considerably worse. Over 70% (it may even be 90%) of such agencies, who charge up-front, are running some
sort of scam. Where they trick you into paying money. Where you stand little or no chance of the agency looking/finding work
for you. Or they take most if not all your wages in agency fees. You could be left with as little as 50p for a day’s
work. Yes I know there is the ‘National Minimum Wage’ but these regulations are silent on this issue and the EAS
turn a blind eye, to this widespread abuse.
That:
"Agencies could not charge young hopefuls a fee; where they have no work to offer". Again,
I have no idea what possessed the government department to make such a ridiculous claim. Agencies can still do or say whatever
they like. They do not have to find you any work whatsoever.
That:
"Agencies could not charge up-front fees". This claim also beggars belief. No such ban
exists! This government department cannot even define in legal terms what is and what is not an up-front fee. Neither will
they get a court of law to define such things. This meaningless regulation is pure farce.
I hope the above gives you some idea of what you are up against, when
looking for work in the entertainments industry…
BERR Employment Agency Standards (EAS) is even
worse than these agency tricksters, the government duck and dive at every
opportunity; and bury each and every complaint made to them.
On 12th September Equity the actors union got Conference support, calling for the TUC to lobby the
government to:
1, Remove the up-front fee loophole...
2, Confirm the right
to the National Minimum Wage after agency deductions...
Minister John
Hutton TUC speech:
“Where there are abuses
in employment agencies, we must root them out: I can announce today that we will double
the number of inspectors in the Employment Agency Standards (EAS) Inspectorate and give them greater powers to investigate; And we will go further to crack down on rogue agencies”.
Hang
on a minute...
Didn't Minister Gerry Sutcliffe say he would "Stamp it out" - to Parliament
on 4 May 2006; what went wrong???
---ooOoo---
Mark Prisk Shadow
Minister speaks out!
On the complete lack of action by the (re-named)
government department: 'Business, Enterprise and Regulatory Reform' (DTI - now called BERR), to tackle
bogus up-front fees... made by scam agencies - who keep changing their names too...
The government fined/prosecuted only 0.3% of 342 complaints made to Employment Agency Standards; that leaves 99.7%
who got away without any penalties; shame!
Yet Minister Patrick McFadden stated on the
BBC 4 Today programme on 29 January 2008:
"Enforcement is not just about prosecution, but getting people to
abide by the law," he said. "But where there is persistent offences, we will prosecute."
What
utter rubbish...!
BERR EAS Regulations state that a 'fee' must be 'reasonable';
well see the above link Model Management = Hidden Talent. They
persistently offend... and they are one entity. They charge a combined directory fee of £399. Is this what the government states - must be a reasonable fee?
Scam agencies do NOT abide by the law; why should they; there are NO penalties in
place to stop them...
Mark Prisk Shadow Minister, on 31
May 07, interviewed 6 members of the public who came from all over the country, regarding being victims of up-front
fee scams by bogus model and extras agencies. This was the closing date for (BERR) Employment
Agency Standards latest
consultation; but we have had so many...
On 4th June 07, an early day motion (EDM) was
put to the House of Commons by Mark Prisk regarding the fact that the BERR EAS still
refuse to take a single prosecution, despite the promise made by Gerry Sutcliffe to Parliament, in May last year to:
“Stamp It Out!”
EDM 1598
Fraudulent Up Front Fees!
That this House notes that thousands of young aspiring actors and models are being defrauded by unscrupulous agencies
who charge unwarranted up-front fees; further notes that the vast majority receive no work in return; recalls the promise
made by the Government in May 2006 that it would stamp out this practice; is concerned to note that not a single prosecution
has since been made; and calls on the Government to now prosecute rogue agencies and to close the legal loophole which allows
this fraudulent activity to continue in the entertainment industry.
128
MP's signed it!
---ooOoo---
If
an agency cannot find applicants work; and then charge a fee...
On 30 Nov 07, Head of Employment Agency Standards
(EAS) John Thorpe, admitted in writing to me, that the government (BERR) did not know what
an up-front fee was...
Since the government had not defined
such a legal term in their regulations...
So exactly how can government ministers state
- that they have banned all up-front fees; when clearly they do not
know what an up-front fee is?
---oo0oo---
I know what an
up-front fee is; it is any fee you pay to an employment agency prior to be being paid from actual work provided
by the agency...
So after my talking
with the government for over 10 years...
They still don't
know...
What exactly is - an up-front
fee?
The mind boggles...
Now...
On 15th December 2003, Parliament was told by then DTI Minister Gerry
Sutcliffe:
“Agencies will no longer be allowed to charge UP-FRONT
FEES before they find work for actors, models and extras - any fee will be chargeable only out of [their] earnings”
On 4th May 2006 Shadow Minister Henry Bellingham
[Conservative] questioned DTI Minister Gerry Sutcliffe,
in the House of Commons on the issue of continuing up-front fee scams - in the entertainments industry.
“I am very concerned
about the number of people who are STILL charged UP-FRONT FEES on the promise of work that never materialises by employment
agencies”
Hang on... didn't he say in 2003 he HAD
banned them???
He went on to say,
“Between 18 and 20 agencies that have operated in this
way have already been prosecuted.”
WOW!!!
But no such agencies have ever been prosecuted - for providing little work-seeking
services. The Minister went on to say:
“We are determined to stamp it out, and I shall be taking
action.”
On 5th May 2006, Sutcliffe was forced by me to write a letter of apology to Henry
Bellingham, he stated:
“I should point out that there have been no prosecutions
to date for unlawful charging of up-front fees. - I can accept that it could look as though I was saying that there had been
20 prosecutions on up-front fees, (Yes we would think this!) even though my answer related to the total number of prosecutions.
I apologise for any lack of (honesty?) clarity that my answer may have caused.”
So, when will the government tell us the
real truth?
---ooOoo---
So...
What is Trading Standards doing?
And...
The Office of Fair Trading?
On 20 Feb07 Government Minister
Jim Fitzpatrick said: "If it looks too good to be true, then it probably is."
Well... the DTI proposals
to put yet another ban in
place - are too good to be true!
If only the DTI would tell the truth...
---ooo0ooo---
Shocking UP-FRONT FEEResults!
75% Get No Work - The Stage...
On 27th April 2006, ‘The Stage’ newspaper reported their results,
of their damning survey report.
Many thanks to then journalist
Nuala Calvi from ‘The Stage’, for all her hard work - in providing these
'shocking' results…
---ooOoo---
Up-Front Fee Ban
Joint Statement
Equity & Bectu
Unions
On 7 November
2006
Equity Council voted unanimously in favour of a joint up-front fee ban
statement, with Bectu.
This is a major step
forward and brings together the two biggest unions in our industry, to campaign together; to ensure the DTI keeps their promise, made in 2003, to ban ALL up-front fees.
