Refusal of employment or employment agency services
Refusal of employment agency services6
1
A person (P) has a right of complaint to an employment tribunal against an employment agency (E) if E refuses P any of its services for a reason which relates to a prohibited list, and either—
a
E contravenes regulation 3 in relation to that list, or
b
E—
i
relies on information supplied by a person who contravenes that regulation in relation to that list, and
ii
knows or ought reasonably to know that information relied on is supplied in contravention of that regulation.
2
E shall be taken to refuse P a service if P seeks to make use of the service and E—
a
refuses or deliberately omits to make the service available to P;
b
causes P not to make use of the service or to cease to make use of it; or
c
does not provide P the same service, on the same terms, as is provided to others.
3
If there are facts from which the tribunal could conclude, in the absence of any other explanation, that E contravened regulation 3 or relied on information supplied in contravention of that regulation, the tribunal must find that such a contravention or reliance on information occurred unless E shows that it did not.