DEPARTMENT FOR
BUSINESS, ENTERPRISE AND REGULATORY REFORM News Release (2007/076)
issued by The Government News Network on 16 October 2007
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
7th Floor
1 Victoria Street
London SW1H 0ET
Public Enquiries +44 (0)20 7215 5000
Textphone +44 (0)20 7215
6740
(for those with hearing impairment)
http://www.berr.gov.uk