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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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Can a welfare to work charity have contact with a client once

Resolved Question:

Can a welfare to work charity have contact with a client once they are in employment e.g. In-work Support (for sustainable employment)?
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.

taratill :

Hello my name is XXXXX XXXXX I am happy to help you today. Can you explain the situation in more detail?

Customer:

Hi Jenny,

Customer:

We are a charity that helps unemployed into work through pre-employment programmes, funded by Skills Funding Agency. One of the aims we provide is 'In-work Support', i.e. where we will keep in touch with learners, once they are in employment, to ensure they stay in employment and achieve a 'sustainable outcome', where we will get the remainder of the funding.

Customer:

When I worked for Blue Arrow, on the permanent team, we where not allowed to get in touch with the 'client' once they were in employment. Although as a charity, we do NOT charge for any of our services to either employer or client, are we still allowed to remain in touch with 'client' and offer support, or other training?

taratill :

There is no legal reason why you should not be able to contact the client once they are in employment. Obviously it would be good manners to seek the consent of both the client and the client's employer. I can see no reason why consent would not be given, especially if it is with a view to supporting the relationship.

Customer:

Would that be the same for an employment agency too?

taratill :

I don't think that there is a legal reason why an agency would not be able to keep in touch with a client. However I can understand why and employer and the agency itself may object to this happening in practice. This is particularly because it can sometimes be a 'grey area' in employment law as to who the 'employer' is. Any ongoing relationship between the agency and the client could mean that the agency is deemed to be the employer in the future.

Customer:

Okay, many thanks! I'll rate this as 'good'.

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