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 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.

In particular, it is 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.

Regulation 7 of the CEAEB 2003, restricts an agency from providing workers to replace staff taking part in official industrial disputes. The Conservative party wants to reverse this ban.

From 5 January 2015 it is unlawful for employment agencies and employment businesses that operate in Great Britain to advertise UK-based roles within the EU without advertising them in the UK (The Conduct of Business and Employment Agencies Amendment Regulations 2014).