The Conduct of Employment Agencies and Employment Businesses Regulations 2003 place an obligation on employment agencies and employment businesses to provide certain information about a work-seeker to a hirer.
For the purpose of the regulations an “employment agency” ordinarily introduces candidates for permanent vacancies and an “employment business” ordinarily supplies temporary workers. Where a company provides both services it will fall within both definitions.
What information must be provided and when?
What information must be provided?
Agencies and employment businesses are required to provide the following information to hirers:
- The identity of the work-seeker;
- Details of the experience, training, qualifications and any authorisation which the hirer considers necessary, or which are required by law or by any professional body, to work in the position which the hirer seeks to fill;
- Confirmation that the work-seeker is willing to work in the position which the hirer seeks to fill.
Where temporary workers are supplied the employment business must also confirm whether the work-seeker to be supplied will be employed by it under a contract of service or apprenticeship or a contract for services.
Information relating to unsuitable work-seekers
Agencies and employment businesses are required to take steps to ensure that a work-seeker is suitable for the position before they introduce or supply the work-seeker to the hirer. In particular they are required to take all such steps, as are reasonably practicable, to ensure that the work-seeker and the hirer are each aware of any requirements imposed by law, or by any professional body which must be satisfied by the hirer or the work-seeker to enable the work-seeker to work for the hirer in the position which the hirer seeks to fill.
In addition to any duties an agency or employment business may have under the law relating to health and safety at work, agencies and employment businesses are required to make all such enquiries, as are reasonably practicable to ensure that it would not be detrimental to the interests of the work-seeker or the hirer for the work-seeker to work for the hirer in the position which the hirer seeks to fill.
In the case of the supply of temporary workers, when an employment business receives or obtains information, which gives it reasonable grounds to believe that a work-seeker is unsuitable for the position with a hirer for which the work-seeker is being supplied, the employment business is required, without delay, to inform the hirer of that information.
If an employment business receives or obtains information which merely indicates that a work-seeker may be unsuitable for the position with a hirer for which the work-seeker is being supplied, the employment business is required, without delay, to inform the hirer of that information. In such circumstances the employment business is required to make such further enquiries as are reasonably practicable as to the suitability of the work-seeker for the position concerned.
For more information on:
- Additional requirements where professional qualifications are required or where work-seekers are to work with vulnerable persons
- When and how must the information be provided?