Important amendments made to the law governing the Recruitment Sector
The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations have now been published. The Regulations will come into effect on 8 May 2016.
Restricting recruitment of work-seekers from outside Great Britain
The new Regulations introduce a ban on agencies or employment businesses from publishing a "relevant recruitment advertisement" in an EEA state other than the United Kingdom, unless the advertisement is published in English in Great Britain at the same time as it publishes the advertisement or it has been advertised in English in Great Britain in the period of 28 days ending with the day on which it advertises the vacancy in the other EEA state.
Additionally, the Regulations mean that going forward if agencies or employment businesses carry out generic advertising elsewhere in the EEA then that will trigger a requirement to advertise on the same basis in Great Britain, only ensuring any advert is converted into English.
Removal of the requirement to enter into written terms with hirers
The new Regulations remove the existing requirement for employment businesses to enter into written terms and conditions before supplying any services.
Other key amendments
Regulation 23 has been amended to remove provisions requiring an employment business or agency to ascertain that any other employment agency or business they enter into a contract with is suitable to act in that capacity and the requirement to agree in what capacity each of them will act.
Regulation 9, which places a restriction on recruitment agencies purporting to act on a different basis, in other words telling work-seekers that they are an employment agency, while telling the hirer that they are an employment business, has been removed.
Regulation 11, which prohibits recruitment agencies from entering into a contract on behalf of a client, has been removed.
If you would like to discuss any issues raised in this article, we have specific employment law expertise in advising in this area. For further advice, please contact Nathan Combes
Please note this information is provided by way of example and may not be complete and is certainly not intended to constitute legal advice. You should take bespoke advice for your circumstances.