Employment Agencies Act
The Conduct of Employment Agencies and Employment Businesses Regulations 2003
Don’t worry these regulations are quite straightforward and are here to ensure recruitment companies work to a code of conduct that protects you (the ‘work seeker’) and your end client (the ‘hirer’).
The main rules introduced by the 2003 Conduct Regulations are:
1. Recruitment agencies supplying temporary workers (Employment Businesses) cannot put in place contracts with you and the hirer that prevent you from taking up permanent jobs with the hirer or a company to which the hirer has introduced them, or being supplied by a different employment business, unless a fee is first paid to the employment business.
2. Employment Businesses will be prohibited from withholding wages due to you as a temporary worker purely because you cannot produce an authenticated timesheet
3. To help protect the hirer from receiving poor service from a recruitment agency the Employment Businesses will be required to confirm your identity, right to work in this country and that you have the experience, training and qualifications that the hirer expects for that position – that’s why they may ask you for evidence of this when you register with them.
4. Recruitment agencies are also obliged to inform the hirer if they become aware of information on you that may affect your employment status with them. This relates to the expiry of visas, permits, qualifications, memberships and any legal or contractual infractions.
5. Recruitment agencies also have to make sure that they are looking after your health and safety at your workplace by getting detailed information from the hirer on any risks known to the hirer and the steps taken to prevent or control those risks.
6. If you are taking up a contract that requires specific qualifications and experience, or involves working with vulnerable persons – including people who are infirm and under the age of 18 – recruitment agencies will have to obtain two references on you specific to that role before you can start work.
Opting out of the Regulations
What was also included within the regulations was the option for you to opt out of them should you have reason to do so. Most recruitment companies would want you to opt out as that will make them able to be more flexible and competitive on your behalf when trying to secure new contracts. There are some occupations whereby opting out is not an option though so please check this before signing your contract. Also you cannot cherry pick what you want to opt out from it is all or nothing but it is your choice whether to opt out or not – nobody can make you.
Here at the cps group we will give you the option to opt out when working through any of our services, depending on your occupation and the services you’re providing. It is worth noting that if you’re an independent contractor who is either self-employed (including CIS workers) or working through a limited company, it is advisable for clarification of your IR35 status for you to opt out of these regulations.
Remember that if you do decide to opt out, you’ll need to do so before the start of your assignment, otherwise your opt-out notification will not be valid.
You of course do not need to worry about any of this as we are the experts and we will always be on hand to provide all the guidance that you need. Call us today on 0844 854 5235 to find out more or click here to request a call back.
