The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2010

Amendment to regulation 14

6.  For regulation 14 (requirement to obtain agreement to terms with work-seekers) substitute—

“Requirement to obtain agreement to terms with work-seekers: Employment Businesses

14.— (1) Before first providing any work-finding services to a work-seeker, an employment business shall obtain the agreement of the work-seeker to the terms which apply or will apply as between the employment business and the work-seeker including—

(a) a statement that the employment business will operate as an employment business in relation to the work-seeker;

(b) the type of work the employment business will find or seek to find for the work-seeker; and

(c) the terms referred to in regulation 15.

(2) Subject to paragraph (3), an employment business shall ensure that—

(a) all terms in respect of which the employment business has obtained the work-seeker’s agreement are recorded in a single document or, where this is not possible, in more than one document; and

(b) copies of all such documents are given at the same time as each other by the employment business to the work-seeker before the employment business provides any services to the work-seeker to which the terms contained in such documents relate.

(3) Paragraph (2) shall not apply in the case of an employment business where the work-seeker has been given a written statement of particulars of employment in accordance with Part I of the Employment Rights Act 1996(1).

(4) An employment business may not vary any terms set out in any document issued in accordance with paragraph (2), unless the work-seeker agrees to the variation.

(5) If the employment business and the work-seeker agree to any variation in the terms set out in any of the documents referred to in paragraph (2), the employment business shall as soon as possible, and in any event no later than the end of the fifth business day following the day on which the employment business and the work-seeker agree to the variation, give to the work-seeker a single document or, where this is not possible, more than one document containing details of the terms as agreed to be varied and stating the date on or after which it is agreed that the varied terms are to take effect.

(6) An employment business may not make the continued provision of any services by it to a work-seeker conditional on the agreement by the work-seeker to any such variation.”.

(1)

1996 c.18. Part I has been amended by the Employment Rights (Dispute Resolution) Act 1998 (c.8), section 1(2)(a) and (b), the Employment Relations Act 1999 (c.26), section 32(3) and the Employment Act 2002 (c.22), sections 35, 36, 37, 54 and Schedule 8.