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Communication from agencies around JSL

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    Communication from agencies around JSL

    There's been a few posts over the last few weeks from people who are being forced to move umbrella by their (mostly large) recruitment agencies, where the agency is citing the upcoming Joint and Several Liability legislation. The way the communication is being worded in many cases appears to be verging on libellous and I suspect that there may be some legal action being taken against agencies and MSPs by compliant umbrella companies in the coming months.

    I've seen some emails that have been sent to contractors saying (and I'm paraphrasing here a bit to avoid identifying agencies) that "due to the upcoming legislation changes, we can only work with compliant umbrella providers and therefore have decided to restrict our umbrella PSL to the following FCSA members. You can no longer use your current umbrella". This approach is troubling for two reasons:

    1. It clearly is suggesting that the umbrella company the recipient is currently using is non-compliant.

    and

    2. It is suggesting that being an FCSA member is a guarantee of compliance.

    There are lots of umbrella companies out there that are long established, well respected and that are fully compliant, that are being deprived of business due to not being members of an expensive club that in and of itself confers no guarantee of compliance with the legislation.

    If you're a contractor and you get a message like the above then please push back. The situation is being handled very poorly by some of the country's biggest agencies and MSPs who should know better.

    Rant over.

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