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Local entertainment agent banned by tribunal

25 June 2009

An Industrial Tribunal has for the first time exercised its powers to prohibit a local agent from operating an employment agency.

The Tribunal has prohibited Mr Patrick Duncan, trading as Dealers Agency in Belfast, from operating an employment agency for two years.  The prohibition follows an application from the Department for Employment and Learning.  The Department had carried out three inspections of the agency and on each occasion found that the agency was not complying with relevant legislation.

The Tribunal concluded that Mr Duncan had been persistently in breach of employment agency Regulations.  The Tribunal found that not only was Mr Duncan incapable of adhering to the Regulations, but also that he was disinclined to do so.

Minister for Employment and Learning, Sir Reg Empey, said: “I welcome the Tribunal’s decision.  Whilst the vast majority of employment agencies in Northern Ireland are reputable businesses, this case carries a clear message that all agencies must comply with the law or face the consequences.  My Department will not hesitate to take similar action against other agencies that persistently fail to comply with the law.”

This is the first prohibition granted by an Industrial Tribunal in Northern Ireland.  The Department also has powers to prosecute non-compliant agencies in a Magistrates’ Court and has recently introduced legislation in the Assembly to allow very serious cases to be tried at the Crown Court, permitting the imposition of unlimited fines.

NOTES TO EDITORS:

  1. The Department estimates that there are approximately 300 employment agencies in Northern Ireland.
  2. The Department’s Employment Agency Inspectors are responsible for ensuring that all employment agencies comply with the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 and the Conduct of Employment Agencies and Employment Businesses Regulations (Northern Ireland) 2005. They carry out routine inspections on all employment agencies in Northern Ireland and investigate any complaints made to the Department.  
  3. An Industrial Tribunal can prohibit an individual from operating an employment agency for up to ten years.
  4. New measures to be introduced in the Employment Bill 2009 will allow very serious cases to be tried at the Crown Court.  The Bill was introduced on 22 June 2009 and the second stage debate will be held on 30 June 2009.  
  5. A copy of the Tribunal’s decision is available on request from the Department by telephoning the Department for Employment and Learning Communications Branch on 028 9025 7872.
  6. Media queries to the Department for Employment and Learning Communications Branch on 028 9025 7872.  Out of office hours please contact the Duty Press Officer via pager number 07699 715 440 and your call will be returned.