The Conduct of Employment Agencies Regulations

[ch 2: page 61]

The conduct of employment agencies is regulated by the Employment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (CEAEBR), as amended most recently in 2020 to introduce the requirement for a Key Information Document (see below).

Under the CEAEBR, with minor exceptions (principally performers, models and professional sportspeople), it is unlawful for an agency to charge a worker to find them work. The regulations also limit the right of agencies to charge fees where a temp placed by the agency is offered a permanent job with the employer. It is also unlawful for an agency to withhold pay if a worker cannot produce a time sheet, or because the hirer has not yet paid the agency.

The regulations require the agency, before the assignment, to provide written terms to its workers covering the following:

• confirmation as to whether the agency worker is an employee of the agency;

• pay — amount and method of calculation;

• holiday entitlement; and

• other terms of employment, including notice.