Agency Standards and Codes of Practice

ASK THE EXPERTS SAFETY, LAW AND WORKING TIME DIRECTIVE FORUM (INTE
1

I’m having an issue with an agency who won’t divulge information (a reference request) to a second agency. This is jeopardising a job placement.
The agency in question do not appear to belong to recognised regulatory body (other than the law) and there’s nothing I can find that I can use to get them to release the information the other agency require.
While the above situation deserves a thread all of it’s own, my real question is; what worthy organisations are there out there that have a track record in successfully representing the rights and interests of drivers.
I came upon the URTU simply by googling HGV drivers rights.

Anyone had any experience of this sort of thing?

2

If I’m understanding this correctly, agency B has asked agency A for a reference for you and agency A hasn’t given them one ?

As far as I’m aware employers are not legally obliged to give a reference so there’s nothing you can do about it, I could be wrong though :wink:

3

Members of the REC have a code of conduct to follow. Clause 4 (I think) states that agencies cannot do anything to prevent employment of an agency driver. I paraphrase, of course.

4

tachograph:
If I’m understanding this correctly, agency B has asked agency A for a reference for you and agency A hasn’t given them one ?

As far as I’m aware employers are not legally obliged to give a reference so there’s nothing you can do about it, I could be wrong though :wink:

Youre not wrong

References: workers’ rights
An employer doesn’t usually have to give a work reference - but if they do, it must be fair and accurate. Workers may be able to challenge a reference they think is unfair or misleading.
Employers must give a reference if:

there was a written agreement to do so
they’re in a regulated industry, like financial services
If they give a reference it:

must be fair and accurate - and can include details about workers’ performance and if they were sacked
can be brief - such as job title, salary and when the worker was employed

5

Unless there is a prior agreement an employer does not need to give a reference. Depending on your relationship with the agency they may not even have been your employer (umbrella, ltd etc.) Normally the fact that you’ve given the details to the second agency is enough to show you have no concerns about your previous history with the first agency. Some insurers are now requiring a reference for drivers before adding them to fleet policies, so this could be a problem.

Try going into the original agency and asking for a ‘To whom it may concern’ letter setting out your accident claims history and timekeeping, disciplinary record, etc. If you think they will try and fob you off print out the letter yourself and take it in to be signed.