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The Gangmasters (Licensing Conditions) Rules 2009
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- 2009 No. 307
- SCHEDULE
- PART 2
- Rule 19
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Steps to be taken for the protection of the worker and the labour user
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19.—(1) Before any work is commenced, a licence holder must have—
(a)taken all reasonably practicable steps to ensure that the worker and the labour user are each aware of any requirements imposed by law, or by any professional body, which must be satisfied; and
(b)made all reasonably practicable enquiries to ensure that it would not be detrimental to the interests of the worker or the labour user for the worker to work in the position which the labour user seeks to fill.
(2) Sub-paragraph (1)(a) is without prejudice to any of the licence holder’s duties under any enactment or rule of law in relation to health and safety at work.
(3) Where a licence holder receives or obtains information which—
(a)gives the holder reasonable grounds to believe that a worker is unsuitable for the position with a labour user for which the worker is being supplied, or
(b)does not give such reasonable grounds but otherwise indicates that the worker may be unsuitable for that position,
the holder must without delay inform the labour user and any intermediaries of that information.
(4) If sub-paragraph (3)(a) applies, the licence holder must also end the supply of that worker to the labour user.
(5) If sub-paragraph (3)(b) applies, the licence holder must also make such further enquiries as are reasonably practicable as to the suitability of the worker for the position concerned.
(6) The licence holder must inform the labour user and any intermediaries about those enquiries and any further information obtained.
(7) Where information resulting from those enquiries gives the licence holder reasonable grounds to believe that the worker is unsuitable for the position concerned, the holder must without delay inform the labour user and any intermediaries of that information and end the supply of that worker to the labour user.
(8) In this paragraph “without delay” means on the same day, or where not reasonably practicable, the next working day.
(9) Nothing in this paragraph authorises the making of a disclosure in contravention of the Data Protection Act 1998(1).
(1)
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