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Employment Agency & Employment Business 

 
Conduct of Employment Agencies and Employment Businesses Regulations 2003 (The Regulations)

What recruitment agencies require from the hirer (the client):

As you may or may not be aware the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (The Regulations) came into effect on the 6th July 2004

The point of the Regulations is to govern the conduct of the private recruitment industry and establish a framework of minimum standards that ensure that candidate’s (now called work-seekers) and you, the client (now called the hirer), are entitled to expect.

Much of the new Regulations only affect recruitment agencies operating procedures, however some of them will impact the way in which you, as a hirer are able to use their services.

In order to act as an Employment Agency or Business on behalf of the hirer, all agencies must now obtain information from the hirer in respect of each vacancy they issue. Employment Agencies or Businesses must not introduce or supply a work-seeker to a hirer unless it has sufficient information from the hirer to select a suitable work-seeker for the position they seek to fill. If this information is not received then legally any Employment Agency or Business supplying to a hirer are not allowed to represent work-seekers to them.

The hirer must supply the Employment Agency or Business with the following information:
  • The identity of the hirer (name of line manager hiring).
  • The nature of the hirer’s business.
  • Clarification which company in a group of companies is the hirer.
  • The date on which the hirer wants a work-seeker to start work.

  • The position including:
  • The type of work the work-seeker would be required to do.
  • The location at which the work-seeker would carry out the work.
  • The hours to be worked (in accordance to the Working Time Directive).
  • Any opt out from the Working Time Directive.
  • Any risks to Health & Safety known to the hirer and the steps that have been taken to prevent or contain such risks.
  • The experience, training, qualifications and any authorisation which the hirer considers necessary, or which the worker needs to have by law or by the requirements of any professional body in order to carry out the work.
  • Any expenses payable by or to the work-seeker – this includes expenses payable once the work-seeker starts work and also any expenses incurred in attending interviews prior to work commencing. It also includes expenses payable by the work-seeker, e.g. where they are required to pay for a mandatory Criminal Records Bureau check.
  • The minimum rate of pay and any other benefits offered by the hirer.
  • The length of notice which a work-seeker would be required to give and entitled to receive, to end the employment with the hirer.

  • Note: If an incorporated (Ltd Company) work-seeker has opted out of the Regulations then the above does not apply.

    This synopsis is just a guide to the Regulations, for further information please refer to the Department for Business, Enterprise and Regulatory Reform website - www.berr.gov.uk


     
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