LRD guides and handbook May 2013

Law at Work 2013

Chapter 2

Other rights for agency workers

The conduct of employment agencies is regulated by the Employment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (CEAEB 2003). With minor exceptions (principally performers, models and professional sports people) 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 unlawful for an agency to withhold pay if a worker cannot produce a time sheet.

These regulations also require an agency, before the assignment, to provide written terms to its workers as to:

• whether the agency worker is an employee of the agency;

• pay — amount and method of calculation;

• holiday entitlement;

• other terms of employment, including notice.

Regulation 7 of the CEAEB 2003 restricts an agency from providing workers to replace staff taking part in official industrial disputes.

The government has been consulting on proposals to re-draw the rules governing the recruitment sector, which it describes as “complex and out-of-date”. Consultation closed on 11 April 2013.