The Conduct of Employment Agencies and Employment Businesses Regulations 2003

1. Introductory Text

2. PART I GENERAL AND INTERPRETATION

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. The meaning of “connected”

   4. 4. Transitional and Saving Provisions and Revocation

3. PART II GENERAL OBLIGATIONS

   1. 5. Restriction on requiring work-seekers to use additional services

   2. 6. Restriction on detrimental action relating to work-seekers working elsewhere

   3. 7. Restriction on providing work-seekers in industrial disputes

   4. 8. Restriction on paying work-seekers' remuneration

   5. 9. Restriction on agencies and employment businesses purporting to act on a different basis

   6. 10. Restriction on charges to hirers

   7. 11. Entering into a contract on behalf of a client

   8. 12. Prohibition on employment businesses withholding payment to work-seekers on certain grounds

4. PART III REQUIREMENTS TO BE SATISFIED BEFORE SERVICES ARE PROVIDED

   1. 13. Notification of charges and the terms of offers

   2. 14. Requirement to obtain agreement to terms with work-seekers

   3. 15. Content of terms with work-seekers: Employment businesses

   4. 16. Content of terms with work-seekers: Agencies

   5. 17. Requirement to obtain agreement to terms with hirers

5. PART IV REQUIREMENTS TO BE SATISFIED IN RELATION TO THE INTRODUCTION OR SUPPLY OF A WORK-SEEKER TO A HIRER

   1. 18. Information to be obtained from a hirer

   2. 19. Confirmation to be obtained about a work-seeker

   3. 20. Steps to be taken for the protection of the work-seeker and the hirer

   4. 21. Provision of information to work-seekers and hirers

   5. 22. Additional requirements where professional qualifications are required or where work-seekers are to work with vulnerable persons

6. PART V SPECIAL SITUATIONS

   1. 23. Situations where more than one agency or employment business is involved

   2. 24. Situations where work-seekers are provided with travel or required to live away from home

7. PART VI CLIENT ACCOUNTS AND CHARGES TO WORK-SEEKERS

   1. 25. Client accounts

   2. 26. Circumstances in which fees may be charged to work-seekers

8. PART VII MISCELLANEOUS

   1. 27. Advertisements

   2. 28. Confidentiality

   3. 29. Records

   4. 30. Civil liability

   5. 31. Effect of prohibited or unenforceable terms and recoverability of monies

   6. 32. Application of the Regulations to work-seekers which are incorporated

   7. 33. Electronic and other communications

9. Signature

10. 1. SCHEDULE 1

       TRANSITIONAL AND SAVING PROVISIONS

       1. 1. Interpretation

       2. 2. Application to existing contracts

       3. 3. Savings in respect of existing contracts

       4. 4. Ongoing supplies and first occasion of supply

       5. 5. Restriction on paying work-seekers' remuneration and client accounts

       6. 6. Miscellaneous Savings

    2. SCHEDULE 2

       CLIENT ACCOUNTS

       1. 1. Interpretation

       2. 2. Maintenance of client accounts

       3. 3. An agency may pay into a client account—

       4. 4. An agency which holds or receives money which includes client’s...

       5. 5. An agency shall not pay into a client account any...

       6. 6. An agency may withdraw from a client account—

       7. 7. (1) No money drawn from a client account under paragraph...

       8. 8. No sum shall be transferred from the ledger account of...

       9. 9. Accounts and records

       10. 10. Inspection and report

       11. 11. Accounting period

       12. 12. Preservation of client account records

       13. 13. Interest

    3. SCHEDULE 3

       OCCUPATIONS IN RESPECT OF WHICH EMPLOYMENT AGENCIES MAY CHARGE FEES TO WORK-SEEKERS

    4. SCHEDULE 4

       PARTICULARS TO BE INCLUDED IN AN AGENCY'S OR EMPLOYMENT BUSINESS'S RECORDS RELATING TO WORK-SEEKERS

       1. 1. Date application received.

       2. 2. Work-seeker’s name, address and, if under 22, date of birth....

       3. 3. Any terms which apply or will apply between the agency...

       4. 4. Details of the work-seeker’s training, experience, qualifications, and any authorisation...

       5. 5. Details of any requirements specified by the work-seeker in relation...

       6. 6. Names of hirers to whom the work-seeker is introduced or...

       7. 7. Details of any resulting engagement and date from which it...

       8. 8. Copy of any contract between the work-seeker and any hirer...

       9. 9. Date application withdrawn or contract terminated (where applicable).

       10. 10. In the case of an agency that is permitted to...

       11. 11. Details of enquiries made under regulations 19, 20 and 22...

    5. SCHEDULE 5

       PARTICULARS TO BE INCLUDED IN AN AGENCY'S OR EMPLOYMENT BUSINESS'S RECORDS RELATING TO HIRERS

       1. 1. Date application received.

       2. 2. Hirer’s name and address, and location of employment if different....

       3. 3. Details of the position(s) the hirer seeks to fill.

       4. 4. Duration or likely duration of work.

       5. 5. Experience, training, ability, qualifications, and authorisation required by the hirer,...

       6. 6. The terms offered in respect of the position(s) the hirer...

       7. 7. Copy of the terms between the agency or employment business...

       8. 8. Names of work-seekers introduced or supplied.

       9. 9. Details of enquiries under regulations 18 and 20 about the...

       10. 10. Details of each resulting engagement and date from which it...

       11. 11. Dates of requests by the agency or employment business for...

    6. SCHEDULE 6

       PARTICULARS TO BE INCLUDED IN AN AGENCY'S OR EMPLOYMENT BUSINESS'S RECORDS RELATING TO OTHER AGENCIES OR EMPLOYMENT BUSINESSES

       1. 1. Names of any other agencies or employment businesses whose services...

       2. 2. Date and copy of any agreement under regulation 23(1)(b).

11. Explanatory Note