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First Report Session 1998-99
Volume 3 - 1st Report - Session 1998-99
DEPARTMENT FOR EDUCATION AND EMPLOYMENT
Failure to follow guidelines on overseas placements
Matters considered:
Mr X and Mr Y complained that the Employment Service (ES) failed to follow guidelines on overseas placements by advertising a vacancy without having undertaken adequate checks beforehand; and that as a result they had suffered financial loss, inconvenience and distress.
Summary of case
For a short period in February 1995 ES displayed in jobcentres two vacancies for construction workers in Germany. They removed the vacancies after suspicions arose about the employer and ES realised that they had not carried out the laid down checks before accepting the vacancies. In the meantime Mr X had applied at his local jobcentre for one of the vacancies and the jobcentre had sent his application direct to the employer instead of to their Overseas Placing Unit. In April the employer contacted Mr X who agreed to take up a job in Germany. Mr Y, whose name had been given to the employer by Mr X, also accepted a job. On the arrival of Mr X and Mr Y in Germany, the financial arrangements which they had made with the employer did not materialise and a week later they had to borrow money to return home. ES refused their claim for compensation.
Findings
I found that ES had failed to follow the correct procedures for handling job vacancies abroad with the result that Mr X incurred expenses which he otherwise would not have done, and he was caused stress, upset and embarrassment. In the case of Mr Y I found that, although the link between ES's maladministration and Mr Y's action was somewhat more remote, ES had nevertheless a significant responsibility for the problems which Mr Y encountered.
Remedy
ES made Mr X ex gratia payments totalling £597.64 and Mr Y ex gratia payments totalling £571.07. The Chief Executive apologised to both men and undertook to remind staff about the procedures.
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