Department for Business, Innovation and Skills
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Modelling agency owners banned from operating for 10 years
The owners of a Gloucestershire modelling agency have been banned from running an employment business for at least 10 years following a successful tribunal action by the Department of Business, Enterprise and Regulatory Reform (BERR).
Dean Coles was this week banned from running or being concerned with the running of an employment agency or business during a hearing at the Employment Tribunal in Bristol.
His wife Debbie Coles was banned from running, or allowing anyone to run, an employment agency from her home address.
The application was made by BERR's Employment Agency Standards (EAS) inspectorate after Mr Coles was released from prison on parole, having served part of an 8-year sentence following a conviction of rape, attempted rape and indecent assault at Bristol Crown Court in June 2003. The victims were female clients who attended the modelling agency run by Mr and Mrs Coles, Cotswold Models.
The Employment Tribunal found that Mr Coles was "unsuitable" to be involved in the running of an agency due to the serious nature of the crimes he committed against his clients.
Employment Relations Minister Pat McFadden said:
"This action proves we are committed to protecting the rights and well-being of agency workers, who are often among the most vulnerable of employees.
"Our Employment Agency Standards Inspectorate investigates all relevant complaints it receives, undertaking spot inspections on the basis of perceived risks, and targeting the minority of rogue agencies who abuse or mistreat their clients."
Secretary of State John Hutton last month announced a doubling of the number of inspectors to make enforcement of the law even more effective. New regulations will also ban the taking of fees at casting sessions and introduce a new 7-day cooling off period, in order to prevent aspiring models from being ripped off by casting agents.
These are the fourth and fifth successful EAS prohibition order this year, and there have also been two successful prosecutions, all of which were aimed at ensuring that dangerous and disreputable people are prevented from preying on workers.
Increasing the number of EAS inspectors is one of several Government initiatives which protect the rights of vulnerable workers, including agency workers. These include the establishment of a Vulnerable Workers Enforcement Forum, which brings together government, workers and employees to develop better strategies to prevent exploitation and abuse. The Government has also established two Vulnerable Workers pilot programmes in London and Birmingham to develop local partnerships and help workers secure their employment rights.
EAS offences are currently summary offences and therefore prosecutions take place in magistrates' courts. BERR has consulted on proposals to make offences under employment agency legislation triable in both the Crown court as well as magistrates courts, which would increase the potential penalties from a maximum fine of £5,000 to an unlimited fine.
Notes for Editors
1. The application to the Employment Tribunal was made by the Secretary of State under section 3(A) of the Employment Agencies Act 1973. The prohibition section of the 1973 Act empowers an Employment Tribunal on application by the Secretary of State to provide the necessary protection in appropriate cases and ensure that unsuitable persons are not involved in the running of any employment agency.
2. The order sought against Dean Coles was that he be prohibited from carrying on, or being concerned with the carrying on, of any employment agency or employment business for 10 years. The Tribunal was satisfied that the evidence submitted by EAS was sufficient for them to make an order to prohibit Mr Coles for the maximum term of 10 years.
3. The order sought against Debbie Coles was that she be prohibited from (i) carrying on, or allowing anyone else to carry on, an employment agency from her home address; and (ii) permitting Dean Coles to have any involvement with the carrying on of any employment agency in which she is involved, or otherwise to come into contact with its clients for a period of 10 years from the date of the Tribunal's order. The order against Mrs Coles did not seek to make out a case of misconduct by her; however the application was made in order to make any prohibition order against Mr Coles enforceable. Without such an order against Mrs Coles any order against Mr Coles from carrying on or being concerned with the carrying on of any employment agency would not have been sufficient to prevent him from being involved or having contact with an agency being run by Mrs Coles. The Tribunal was satisfied that the evidence submitted by EAS was sufficient for them to make an order to prohibit Mrs Coles for the maximum term of 10 years, from running an employment agency (or allowing anyone else from running such an agency).
4. The criminal offences were committed by Mr Cole between 1996 and 1999. He was convicted on 19 June 2003 and sentenced to seven years imprisonment. This was later increased to eight years by the Court of Appeal.
5. The Employment Agencies Act 1973 and its associated regulations govern the activities of the private recruitment industry in GB. BERR's EAS Inspectorate enforces that legislation and inspectors follow up every relevant complaint received concerning possible breaches of the legislation. Inspectors also undertake targeted investigations. The Inspectorate has the power to take prosecution proceedings in a Magistrates' Court, which, if successful, can lead to a fine of up to £5,000 for each offence.
6. There is also an EAS Helpline (0845 955 5105), which provides advice to workers, agencies, employers and other interested parties on the legislation and work of the Inspectorate.
Department for Business, Enterprise & Regulatory
Reform
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