Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2016

10 May 2016

On 8 May 2016 amendments to the Conduct Regulations came into force which reduce certain regulatory burdens on employment agencies and employment businesses.

The Statutory Instrument (The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2016) amends the Conduct Regulations 2003’ to reduce certain regulatory burdens on employment agencies and employment businesses by omitting some of the regulations while continuing to protect work-seekers.

Regulation 27A is also amended to bring generic recruitment advertising, as well as advertising to fill specific posts, within the prohibition there related to advertising elsewhere in the EEA.

The recruitment sector is regulated by the Employment Agencies Act 1973 and the Conduct Regulations 2003. The sector has two legally defined types of service:

• employment agencies which introduce people to be employed by the hirer directly; and
• employment businesses which employ or engage people to work under the supervision of another person.

The legislation covers all employment agencies and employment businesses in England, Scotland and Wales and provides a framework for contracts between employment agencies/employment businesses, hirers and work-seekers. It also covers principles such as restrictions on fee-charging and ensuring that temporary workers are paid for the work they have done.