The Conduct of Employment Agencies and Employment Businesses Regulations 2003

• (3) An agency required to maintain a client account in accordance with regulation 25 and this Schedule shall keep displayed at each of its premises used for or in connection with the carrying on of an employment agency in such a position that it can be readily seen by persons resorting to those premises a copy (certified as a true copy by the reporting accountant) of the reporting accountant’s most recent report, but not any statement annexed to it in accordance with paragraph (2)(iii) above.

Accounting period

11

• (1) The accounting period shall, for the purpose of paragraph 10 of this Schedule and regulation 25, be determined in accordance with the following provisions of this paragraph.

• (2) The first accounting period of an agency shall be—

• (a) in the case of an agency which has a client account or accounts established before the date on which these Regulations come into force, the period beginning with the day immediately following that date, and ending on a date not more than twelve months after that date or if the agency is incorporated under the Companies Act 1985, the agency’s accounting reference date whichever is the sooner;

• (b) in the case of an agency which establishes a client account or accounts on or after the date on which these Regulations come into force, the period beginning with the date upon which the first such client account is established and ending with a date not more than twelve months from that date or if the agency is incorporated under the Companies Act 1985, the agency’s accounting reference date whichever is the sooner.

• (3) Subject to sub-paragraph (4), subsequent accounting periods shall begin with the day immediately following the end of the agency’s previous accounting period and end with a date not less than six months and not more than twelve months after that date.

• (4) In the event that the only client account maintained by an agency is closed on a date less than six months following the end of the agency’s previous accounting period, the accounting period in question shall end on the date upon which such client account is closed.

Preservation of client account records

12

• (1) Every agency required to maintain a client account or client accounts in accordance with regulation 25 and this Schedule shall preserve—

• (a) all accounts, books, ledgers and records for at least six years from the date of the last entry therein;

• (b) copies of all invoices and statements under paragraph 6(b) above as issued to clients, for at least six years from the date of such issue;

• (c) all statements as printed and issued by the credit institution with which the relevant client account is held, for at least six years from the date of receipt of each statement by the agency;

• (d) the records of all reconciliations required by paragraph 9 above, in each case for at least six years from the date upon which such reconciliation is produced;

• (e) all reports made to it by an accountant under paragraph 10 above, in each case for at least six years from the date upon which such report is delivered to the agency.

• (2) The records referred to in this paragraph may be kept either at the agency’s relevant business premises or elsewhere, provided that if they are kept elsewhere, the agency shall ensure that they are readily accessible by it and that it is reasonably practicable for any person employed by the agency at any of its relevant business premises to arrange for them to be delivered to the relevant business premises at which that person is employed.

• (3) The records referred to in this paragraph may be kept in electronic form, provided that the information so recorded is capable of being reproduced in legible form.

• (4) If no hard copy is kept of any information contained in a record kept in an electronic system, that information must be capable on reasonable notice of being reproduced in printed form.

Interest

13

Where an agency holds money relating to a single client in a client account, the agency must account to the client for any interest earned on any sum that is held on behalf of the client for more than 10 days.

SCHEDULE 3 — OCCUPATIONS IN RESPECT OF WHICH EMPLOYMENT AGENCIES MAY CHARGE FEES TO WORK-SEEKERS

• Actor, musician, singer, dancer, or other performer;

• Composer, writer, artist, director, production manager, lighting cameraman, camera operator, make up artist, film editor, action arranger or co-ordinator, stunt arranger, costume or production designer, recording engineer, property master, film continuity person, sound mixer, photographer, stage manager, producer, choreographer, theatre designer;

• Photographic or fashion model;

• Professional sports person.

SCHEDULE 4 — PARTICULARS TO BE INCLUDED IN AN AGENCY'S OR EMPLOYMENT BUSINESS'S RECORDS RELATING TO WORK-SEEKERS

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

Work-seeker’s name, address and, if under 22, date of birth.

3

Any terms which apply or will apply between the agency or employment business and the work-seeker, and any document recording any variation thereto.

4

Details of the work-seeker’s training, experience, qualifications, and any authorisation to undertake particular work (and copies of any documentary evidence of the same obtained by the agency or employment business).

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

Names of hirers to whom the work-seeker is introduced or supplied.

7

Details of any resulting engagement and date from which it takes effect.

8

Copy of any contract between the work-seeker and any hirer entered into by the agency on the work-seeker’s behalf.

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

In the case of an agency that is permitted to charge fees to work-seekers, dates of requests by the agency for fees from the work-seeker and of receipt of such fees, with copy statements or invoices, numbers and amounts; or, as appropriate, statements of dates and amounts of sums deducted from money received by the agency on the work-seeker’s behalf in accordance with regulation 25, to the extent that these are not required to be comprised in records maintained in respect of a client account in accordance with paragraph 12 of Schedule 2.

11

Details of enquiries made under regulations 19, 20 and 22 about the work-seeker and the position concerned with copies of all relevant documents and dates they were received or sent as the case may be.

SCHEDULE 5 — PARTICULARS TO BE INCLUDED IN AN AGENCY'S OR EMPLOYMENT BUSINESS'S RECORDS RELATING TO HIRERS

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

Details of the position(s) the hirer seeks to fill.

4

Duration or likely duration of work.

5

Experience, training, ability, qualifications, and authorisation required by the hirer, by law, or by any professional body; and any other conditions attaching to the position(s) the hirer seeks to fill.

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

Details of enquiries under regulations 18 and 20 about the hirer and the position the hirer seeks to fill, with copies of all relevant documents and dates of their receipt.

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

Dates of requests by the agency or employment business for fees or other payment from the hirer and of receipt of such fees or other payments, and copies of statements or invoices.

SCHEDULE 6 — PARTICULARS TO BE INCLUDED IN AN AGENCY'S OR EMPLOYMENT BUSINESS'S RECORDS RELATING TO OTHER AGENCIES OR EMPLOYMENT BUSINESSES

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed

Gerry Sutcliffe, — Parliamentary Under-Secretary of State for Employment, Relations, Competitiveness and Consumers, — Department of Trade and Industry — 2003-12-17

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1973 c. 35; section 12(5) as originally enacted was substituted by the Employment Relations Act 1999 (c. 26), Schedule 7, paragraphs 1 and 6.

[^f00002]: Section 5(1) was amended by the Employment Relations Act 1999 (c. 26), Schedule 7, paragraphs 1, 2(1) and (2). Section 6(1) as originally enacted was prospectively substituted by the Employment Relations Act 1999 (c. 26), Schedule 7, paragraphs 1 and 3.

[^f00003]: Section 13(2) was prospectively amended by the Employment Relations Act 1999 (c. 26), Schedule 7, paragraphs 1 and 7.

[^f00004]: 1971 c. 80.

[^f00005]: 1990 c. 42; section 201 was amended by the Broadcasting Act 1996 (c. 42), Schedule 10, paragraph 11, and prospectively by the Communications Act 2003 (c. 21), section 360(1)(a), (b) and (2).

[^f00006]: 1985 c. 6; section 736 as originally enacted was substituted by the Companies Act 1989 (c. 40), section 144(1).

[^f00007]: S.I. 1976/715.

[^f00008]: S.I. 1976/714.

[^f00009]: S.I. 1981/1481.

[^f00010]: 1992 c. 52; section 237 was inserted by the Trade Union Reform and Employment Rights Act 1993 (c. 19), section 49(2) and Schedule 8, paragraph 76, and amended by the Employment Rights Act 1996 (c. 18), Schedule 1, paragraph 56(1), (15) and the Employment Relations Act 1999 (c. 26), section 9 and Schedule 4, Part III, paragraphs 1, 2(a) and (b).

[^f00011]: 1996 c. 18; Part I has been amended by the Employment Rights (Dispute Resolution) Act 1998 (c. 8), section 1(2)(a), (b), the Employment Relations Act 1999 (c. 26), section 32(3) and prospectively by the Employment Act 2002 (c. 22), sections 35, 36, 37, 54 and Schedule 8.

[^f00012]: 1996 c. 27; section 63 was prospectively amended by the Adoption and Children Act 2002 (c. 38), Schedule 3, paragraphs 85, 88(a) and (b).

[^f00013]: 1996 c. 18; section 230(6) was inserted by the Public Interest Disclosure Act 1998 (c. 23), section 15(1).

[^f00014]: 1933 c. 12; section 25 was amended by the Children and Young Persons Act 1963 (c. 37), section 64(1), (3), Schedule 3, paragraph 7 and Schedule 5, the Children Act 1989 (c. 41), Schedule 13, paragraph 3, the Employment Act 1989 (c. 38), section 10 and Schedule 3, Part III, paragraphs 6 and 10 and the Children (Protection at Work) Regulations 1998 (S.I. 1998/276), regulation 5. Functions of the Secretary of State under section 25, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales, by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2 and Schedule 1.

[^f00015]: 1963 c. 37; section 42 was amended by the Employment Act 1989 (c. 38), section 29(3) and Schedule 6, paragraph 8 and the Children (Protection at Work) Regulations 1998 (S.I. 1998/276), regulation 16(2) and (3).

[^f00016]: OJ No. L 126, 26.5.2000, p.1; article 1, point 1, first subparagraph as originally adopted was replaced by article 1, paragraph 1 of Directive 2000/28/EC of the European Parliament and of the Council amending Directive 2000/12/EC relating to the taking up and pursuit of the business of credit institutions (OJ No. L 275, 27.10.2000, p.37).

[^f00017]: Section 6(1) as originally enacted was prospectively substituted by the Employment Relations Act 1999 (c. 26), Schedule 7, paragraphs 1 and 3.

[^f00018]: Section 9 was amended by the Employment Protection Act 1975 (c. 71), sections 114, 125(3), Schedule 13, paragraph 6(1), (2), (3), Schedule 18, the Criminal Justice Act 1982 (c. 48), sections 37, 38, 46, the Deregulation and Contracting Out Act 1994 (c. 40), sections 35, 81, Schedule 10, paragraph 1(4), Schedule 17, and prospectively by the Employment Relations Act 1999 (c. 26), section 44, Schedule 7, paragraphs 1, 4 and Schedule 9, Table 8.

[^f00019]: S.I. 1976/715.

[^f00020]: S.I. 1976/714.

[^f00021]: 1985 c. 6; section 224 was inserted by the Companies Act 1989 (c. 40), section 3 and amended by the Companies Act 1985 (Miscellaneous Accounting Amendments) Regulations 1996 (S.I. 1996/189), regulation 2(2), (3), (4) and the Companies Act 1989 (Commencement No. 4 and Transitional and Saving Provisions) Order 1990 (S.I. 1990/355), article 15.

[^f00022]: 1985 c. 6; section 249D was inserted by the Companies Act 1985 (Audit Exemption) Regulations 1994 (S.I. 1994/1935), regulation 2 and amended by the Companies Act 1985 (Audit Exemption) (Amendment) Regulations 1995 (S.I. 1995/589), regulation 2, the Companies Act 1985 (Audit Exemption) (Amendment) Regulations 1996 (S.I. 1996/3080), regulation 2 and the Companies Act 1985 (Audit Exemption) (Amendment) Regulations 1997 (S.I. 1997/936), regulation 4.

Maintenance of client accounts

Actor, musician, singer, dancer, background artist, extra, walk-on or other performer;

Composer, writer, artist, director, production manager, lighting cameraman, camera operator, make up artist, clothes, hair or make up stylist, film editor, action arranger or co-ordinator, stunt arranger, costume or production designer, recording engineer, property master, film continuity person, sound mixer, photographer, stage manager, producer, choreographer, theatre designer;

Photographic or fashion model;

Professional sports person.

Editorial notes

[^c5111911]: 1973 c. 35; section 12(5) as originally enacted was substituted by the Employment Relations Act 1999 (c. 26), Schedule 7, paragraphs 1 and 6.

[^c5111921]: Section 5(1) was amended by the Employment Relations Act 1999 (c. 26), Schedule 7, paragraphs 1, 2(1) and (2). Section 6(1) as originally enacted was prospectively substituted by the Employment Relations Act 1999 (c. 26), Schedule 7, paragraphs 1 and 3.

[^c5111931]: Section 13(2) was prospectively amended by the Employment Relations Act 1999 (c. 26), Schedule 7, paragraphs 1 and 7.

[^c5111941]: 1971 c. 80.

[^c5111951]: 1990 c. 42; section 201 was amended by the Broadcasting Act 1996 (c. 42), Schedule 10, paragraph 11, and prospectively by the Communications Act 2003 (c. 21), section 360(1)(a), (b) and (2).

[^c5111961]: 1985 c. 6; section 736 as originally enacted was substituted by the Companies Act 1989 (c. 40), section 144(1).

[^c5111971]: S.I. 1976/715.

[^c5111981]: S.I. 1976/714.

[^c5111991]: S.I. 1981/1481.

[^c5112031]: 1996 c. 18; section 230(6) was inserted by the Public Interest Disclosure Act 1998 (c. 23), section 15(1).

[^c5112041]: 1933 c. 12; section 25 was amended by the Children and Young Persons Act 1963 (c. 37), section 64(1), (3), Schedule 3, paragraph 7 and Schedule 5, the Children Act 1989 (c. 41), Schedule 13, paragraph 3, the Employment Act 1989 (c. 38), section 10 and Schedule 3, Part III, paragraphs 6 and 10 and the Children (Protection at Work) Regulations 1998 (S.I. 1998/276), regulation 5. Functions of the Secretary of State under section 25, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales, by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2 and Schedule 1.

[^c5112051]: 1963 c. 37; section 42 was amended by the Employment Act 1989 (c. 38), section 29(3) and Schedule 6, paragraph 8 and the Children (Protection at Work) Regulations 1998 (S.I. 1998/276), regulation 16(2) and (3).

[^c5112071]: Section 6(1) as originally enacted was prospectively substituted by the Employment Relations Act 1999 (c. 26), Schedule 7, paragraphs 1 and 3.

[^c5112081]: Section 9 was amended by the Employment Protection Act 1975 (c. 71), sections 114, 125(3), Schedule 13, paragraph 6(1), (2), (3), Schedule 18, the Criminal Justice Act 1982 (c. 48), sections 37, 38, 46, the Deregulation and Contracting Out Act 1994 (c. 40), sections 35, 81, Schedule 10, paragraph 1(4), Schedule 17, and prospectively by the Employment Relations Act 1999 (c. 26), section 44, Schedule 7, paragraphs 1, 4 and Schedule 9, Table 8.

[^c5112091]: S.I. 1976/715.

[^c5112101]: S.I. 1976/714.

[^c5112111]: 1985 c. 6; section 224 was inserted by the Companies Act 1989 (c. 40), section 3 and amended by the Companies Act 1985 (Miscellaneous Accounting Amendments) Regulations 1996 (S.I. 1996/189), regulation 2(2), (3), (4) and the Companies Act 1989 (Commencement No. 4 and Transitional and Saving Provisions) Order 1990 (S.I. 1990/355), article 15.

[^c5112121]: 1985 c. 6; section 249D was inserted by the Companies Act 1985 (Audit Exemption) Regulations 1994 (S.I. 1994/1935), regulation 2 and amended by the Companies Act 1985 (Audit Exemption) (Amendment) Regulations 1995 (S.I. 1995/589), regulation 2, the Companies Act 1985 (Audit Exemption) (Amendment) Regulations 1996 (S.I. 1996/3080), regulation 2 and the Companies Act 1985 (Audit Exemption) (Amendment) Regulations 1997 (S.I. 1997/936), regulation 4.

[^key-e596cfdfb6dfb3942c84bc1ea6518ae3]: Words in reg. 3(1)(a) inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 2(17), reg. 1, Sch. 17 para. 8

[^key-65ccd2d70db316c6481d9b5ac1d256aa]: Reg. 5 heading substituted (6.4.2008) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2007 (S.I. 2007/3575), regs. 1, 3(a)

[^key-d2f1af4c7946050ad21f120582e0b8aa]: Reg. 5 renumbered as reg. 5(1) (6.4.2008) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2007 (S.I. 2007/3575), regs. 1, 3(b)

[^key-255c429dfa91755c3cc26aa633d2b5ea]: Reg. 5(2) inserted (6.4.2008) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2007 (S.I. 2007/3575), regs. 1, 3(b)

[^key-4295790a50cf8d8ab1a563865887f832]: Words in reg. 13(1)(b)(iii) inserted (6.4.2008) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2007 (S.I. 2007/3575), regs. 1, 4

[^key-8e1bd4eda44ceac9291a5adaa38786dc]: Reg. 21(4)(5) inserted (6.4.2008) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2007 (S.I. 2007/3575), regs. 1, 5(b)

[^key-f66181cdadddabfe73fb8da902c2968f]: Words in reg. 21(1) substituted (6.4.2008) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2007 (S.I. 2007/3575), regs. 1, 5(a)

[^M_F_33e36e8f-bc4a-4067-ab71-d0e6bd304951]: Word in reg. 26(5)(c) substituted (6.4.2008) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2007 (S.I. 2007/3575), regs. 1, 7(a)

[^key-4fe5bdfc1ea3889094d9c18cd2cfac0c]: Reg. 32(2) substituted (6.4.2008) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2007 (S.I. 2007/3575), regs. 1, 9(a)

[^key-e9b5559cdd699606c62e3550b8eb5969]: Reg. 32(9) substituted (6.4.2008) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2007 (S.I. 2007/3575), regs. 1, 9(b)

[^key-e3231689b8b7b248b4fad67469a44dda]: Words in Sch. 3 inserted (6.4.2008) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2007 (S.I. 2007/3575), regs. 1, 10

[^key-0d3503e8810a4d2c0ab3265e58e76581]: Words in reg. 2 inserted (1.10.2010) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2010 (S.I. 2010/1782), regs. 1, 3

[^key-681558ac05c7bb69aa6cd38f2ffc0cbc]: Reg. 5(3)(4) inserted (1.10.2010) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2010 (S.I. 2010/1782), regs. 1, 4

[^key-53e4fee56cce0e5976bfcab02664415e]: Words in reg. 13(1)(b)(iii) substituted (1.10.2010) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2010 (S.I. 2010/1782), regs. 1, 5

[^key-f97e63f3f03705608096fb1eb202a7ed]: Reg. 14 substituted (1.10.2010) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2010 (S.I. 2010/1782), regs. 1, 6

[^key-9d2760fa5d54dcce1e1946b3144e181d]: Reg. 16 substituted (1.10.2010) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2010 (S.I. 2010/1782), regs. 1, 7

[^key-9be315ab1e3bd5eba02bd4b56722cd65]: Reg. 19 substituted (1.10.2010) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2010 (S.I. 2010/1782), regs. 1, 9

[^key-4cd1241ed1b4f2ac0a9205b78c979147]: Reg. 22 substituted (1.10.2010) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2010 (S.I. 2010/1782), regs. 1, 10

[^key-b97b84b9beb3b7466b2f9dfd46a4a191]: Reg. 26(5A)-(5C) inserted (1.10.2010) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2010 (S.I. 2010/1782), regs. 1, 11(2)

[^key-62dc671f1492b7c5ec4a14fa3e2268ed]: Word in reg. 26(5)(c) omitted (1.10.2010) by virtue of The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2010 (S.I. 2010/1782), regs. 1, 11(1)(c)

[^key-fd75bb1e59a20809bb29e96cba807003]: Words in reg. 26(5) inserted (1.10.2010) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2010 (S.I. 2010/1782), regs. 1, 11(1)(a)

[^key-8cebda3e38d966e3077a33331092e0d5]: Reg. 26(5)(e)-(h) inserted (1.10.2010) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2010 (S.I. 2010/1782), regs. 1, 11(1)(e)

[^key-d9d58efc9ccd7d03fc3f59d7102d61de]: Reg. 26(5)(d) substituted (1.10.2010) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2010 (S.I. 2010/1782), regs. 1, 11(1)(d)

[^key-4771876f0392c799f64bd336d622ba55]: Words in reg. 26(5)(a) inserted (1.10.2010) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2010 (S.I. 2010/1782), regs. 1, 11(1)(b)

[^key-502a045a0d2274a60da6dcaed311de56]: Words in reg. 27(1) substituted (1.10.2010) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2010 (S.I. 2010/1782), regs. 1, 12

[^key-602cb44a9ff7831ac506c995d95202a5]: Reg. 32(2A)(2B) inserted (1.10.2010) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2010 (S.I. 2010/1782), regs. 1, 13(a)

[^key-a401b39caf8d086eed52274368985f84]: Reg. 32(6) substituted (1.10.2010) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2010 (S.I. 2010/1782), regs. 1, 13(b)

[^key-d5104fd509f46d0ef519a9b21528f83b]: Words in reg. 32(12) substituted (1.10.2010) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2010 (S.I. 2010/1782), regs. 1, 13(c)

[^key-a80dc315a65d92c0b225999b107ec4d1]: Words in Sch. 3 inserted (1.10.2010) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2010 (S.I. 2010/1782), regs. 1, 14

[^key-0cecf71db156da3be32c850864fc8743]: Words in reg. 25(1) substituted (1.1.2014) by The Capital Requirements Regulations 2013 (S.I. 2013/3115), reg. 1(2), Sch. 2 para. 62

[^key-aaa57118e55bf94da95e49a1cb7f3d16]: Reg. 27A substituted (8.5.2016) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2016 (S.I. 2016/510), regs. 1(2), 2(7)

[^key-c13c105d29f1c37fc38562b856dd2c6f]: Reg. 34 inserted (8.5.2016) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2016 (S.I. 2016/510), regs. 1(2), 2(12)

[^key-bcf033e26b79b91277b1aa80233f07cc]: Sch. 6 omitted (8.5.2016) by virtue of The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2016 (S.I. 2016/510), regs. 1(2), 2(11)

[^key-6120ed5d75f547b7a18f5a4cfbc4f06f]: Reg. 9 omitted (8.5.2016) by virtue of The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2016 (S.I. 2016/510), regs. 1(2), 2(2)

[^key-95c913a36aee9d2f00f93104c9990cff]: Reg. 11 omitted (8.5.2016) by virtue of The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2016 (S.I. 2016/510), regs. 1(2), 2(3)

[^key-c8dc539867e3d016a2a6a75d1b671776]: Words in reg. 16(1)(b) omitted (8.5.2016) by virtue of The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2016 (S.I. 2016/510), regs. 1(2), 2(4)

[^key-bc5b851fa7b6d81481e30a63a52d5f9c]: Reg. 17 omitted (8.5.2016) by virtue of The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2016 (S.I. 2016/510), regs. 1(2), 2(5)

[^key-62e54be0fd621e05086716870f2c3e04]: Reg. 23(1) substituted (8.5.2016) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2016 (S.I. 2016/510), regs. 1(2), 2(6)

[^key-46277050e7b4516eb487dd50d16a6ca9]: Word in reg. 29(1)(a) inserted (8.5.2016) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2016 (S.I. 2016/510), regs. 1(2), 2(8)(a)

[^key-a85355d2756c332734e8d5704e147c7f]: Word in reg. 29(1)(b) omitted (8.5.2016) by virtue of The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2016 (S.I. 2016/510), regs. 1(2), 2(8)(b)

[^key-d8769292681f9dffc93c4f14cde0475b]: Reg. 29(1)(c) omitted (8.5.2016) by virtue of The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2016 (S.I. 2016/510), regs. 1(2), 2(8)(c)

[^key-fb24012e263e2060312db8bc2569aae5]: Sch. 4 para. 1 omitted (8.5.2016) by virtue of The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2016 (S.I. 2016/510), regs. 1(2), 2(9)

[^key-261d129bdedeb858947371874f05b477]: Sch. 4 para. 5 omitted (8.5.2016) by virtue of The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2016 (S.I. 2016/510), regs. 1(2), 2(9)

[^key-fe52df791a83eb90ec32ca86195bbcd0]: Sch. 4 para. 9 omitted (8.5.2016) by virtue of The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2016 (S.I. 2016/510), regs. 1(2), 2(9)

[^key-977c61c4f146788621d7a4f7b6f5b436]: Sch. 5 para. 1 omitted (8.5.2016) by virtue of The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2016 (S.I. 2016/510), regs. 1(2), 2(10)

[^key-c1097d513206be73f98a6817661f9ab9]: Sch. 5 para. 2 omitted (8.5.2016) by virtue of The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2016 (S.I. 2016/510), regs. 1(2), 2(10)

[^key-6ad9a15392e1fd2e2beacb6b9332da3d]: Sch. 5 para. 6 omitted (8.5.2016) by virtue of The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2016 (S.I. 2016/510), regs. 1(2), 2(10)

[^key-53976f4dc3302835d967878fd8a80472]: Sch. 5 para. 7 omitted (8.5.2016) by virtue of The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2016 (S.I. 2016/510), regs. 1(2), 2(10)

[^key-00ada916ed5f0850e1e8ad773b814b28]: Sch. 5 para. 8 omitted (8.5.2016) by virtue of The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2016 (S.I. 2016/510), regs. 1(2), 2(10)

[^key-3993018210d704844e69d05006b0767f]: Sch. 5 para. 10 omitted (8.5.2016) by virtue of The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2016 (S.I. 2016/510), regs. 1(2), 2(10)

[^M_F_c383a9ac-6ff4-4040-f2a6-608dac942090]: Words in reg. 28(1) substituted (6.4.2008) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2007 (S.I. 2007/3575), regs. 1, 8

[^key-01e9630b0522e48532e0c6df09cdca8a]: Reg. 13A inserted (6.4.2020) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2019 (S.I. 2019/725), regs. 1, 3

[^key-daae7163935d40777308cd05dc42c8b0]: Sch. 4 para. 2A inserted (6.4.2020) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2019 (S.I. 2019/725), regs. 1, 6

[^key-cb4620e4ee4c550a6bf85db8fbc8c531]: Reg. 29(7) inserted (6.4.2020) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2019 (S.I. 2019/725), regs. 1, 4

[^key-620e6968d53af00c5fa5ea3d39c6c5df]: Words in reg. 32(9) inserted (6.4.2020) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2019 (S.I. 2019/725), regs. 1, 5

[^key-9d3b59b1de96d5e3faa29ac83269210a]: Word in reg. 27A heading omitted (31.12.2020) by virtue of The Employment Rights (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/536), reg. 1(1), Sch. para. 3(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-743b49d80fa3f4351a41e0803856033f]: Words in reg. 27A(1) omitted (31.12.2020) by virtue of The Employment Rights (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/536), reg. 1(1), Sch. para. 3(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-22039bf3f041a15f862364299cf66b29]: Word in reg. 27A(1)(a)(b) omitted (31.12.2020) by virtue of The Employment Rights (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/536), reg. 1(1), Sch. para. 3(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-0714498df04d9ae9f58a24fc3a5bd409]: Reg. 7 omitted (21.7.2022) by virtue of The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022 (S.I. 2022/852), regs. 1(2), 2(a)

[^key-8d8a9650a5f9a86f6b29eeb4551b8433]: Words in Sch. 1 para. 4(1) omitted (21.7.2022) by virtue of The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022 (S.I. 2022/852), regs. 1(2), 2(b)

Restriction on use of additional services

Requirement to obtain agreement to terms with work-seekers and content of terms with work-seekers: Agencies

Requirement for employment businesses to obtain agreement to terms with hirers

Advertising in other EEA states

27A

• (1) An agency or employment business must not publish a relevant recruitment advertisement in an EEA state ... unless—

• (a) it publishes the advertisement in English in Great Britain at the same time as it publishes the advertisement in the ... EEA state; or

• (b) it has published the advertisement in English in Great Britain for all or part of the period of 28 days ending with the day on which it publishes the advertisement in the ... EEA state.

• (2) Paragraph (1) does not apply if the relevant recruitment advertisement concerns a vacancy for a worker to act solely for, and under the control of, the agency or employment business itself.

• (3) It is a defence in any proceedings under—

• (a) section 5(2) of the Act, or

• (b) regulation 30,

in respect of a contravention of paragraph (1) that the agency or employment business believes, on reasonable grounds, that publishing the relevant recruitment advertisement in English in Great Britain would be disproportionate having regard to the likelihood that doing so would bring the advertisement to the attention of a person with the skills sought by the agency or employment business.

• (4) For the purposes of this regulation—

• (a) “publish” means make, or cause to be made, available to the public or a section of the public,

• (b) an advertisement on a website is taken to be published in all places from which the website can be accessed,

• (c) “a relevant recruitment advertisement” means either—

• (i) an advertisement in respect of a particular vacant position, the duties of which are ordinarily to be performed in Great Britain, or

• (ii) an advertisement by which an agency or employment business seeks to identify worker-seekers who are looking for a position, the duties of which are ordinarily to be performed in Great Britain.

Confidentiality

Records

Civil liability

Effect of prohibited or unenforceable terms and recoverability of monies

Application of the Regulations to work-seekers which are incorporated

Electronic and other communications

Review

34

• (1) The Secretary of State must from time to time carry out a review of the provisions listed in paragraph (2).

• (2) The listed provisions are—

• (a) Part 2 (general obligations);

• (b) Part 3 (requirements to be satisfied before services are provided);

• (c) Part 5 (special situations); and

• (d) Part 7 (miscellaneous).

• (3) The Secretary of State must—

• (a) set out the conclusions of the review carried out in accordance with paragraph (1) in a report; and

• (b) publish the report.

• (4) The report must in particular—

• (a) set out the objectives intended to be achieved by the provisions listed in paragraph (2);

• (b) assess the extent to which those objectives are achieved; and

• (c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

• (5) The first report under this regulation must be published before the end of the period of five years beginning with the day on which the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2016 come into force.

• (6) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

Key information document: Employment businesses

13A

• (1) Before obtaining the agreement of the work-seeker to the terms which will apply as between the employment business and the work-seeker in accordance with regulation 14, an employment business must give the work-seeker and, where paragraph (6) applies, any person to be supplied by the work-seeker to carry out the work a key information document in accordance with this regulation.

• (2) The key information document must be separate from any other documents provided to the work-seeker or any person to be supplied to carry out the work.

• (3) The key information document must include—

• (a) the title “Key Information Document” at the top of the first page;

• (b) a statement immediately beneath the title that—

• (i) the key information document specifies key information which relates to the relationship between the employment business and the work-seeker and, where paragraph (6) applies, any person to be supplied by the work-seeker to carry out the work;

• (ii) where necessary, identifies documents where further related information may be found; and

• (iii) includes contact details of the officers appointed or arranged to act under section 8A of the Employment Agencies Act 1973 and informs the work-seeker and, where paragraph (6) applies, any person to be supplied by the work-seeker to carry out the work that they may contact those officers if they are concerned about a breach by the employment business of obligations under that Act or these Regulations;

• (c) except where paragraph (6) applies, details in respect of—

• (i) whether the work-seeker is or will be employed by the employment business under a contract of service or apprenticeship, or a contract for services;

• (ii) the identity of the employment business;

• (iii) if not the employment business, the identity of the person who will normally pay the work-seeker in respect of the work done;

• (iv) either—

• (aa) the rate of remuneration payable to the work-seeker; or

• (bb) the minimum rate of remuneration the employment business reasonably expects to achieve for the work-seeker;

• (v) the intervals at which the remuneration will be paid;

• (vi) the nature of any costs and deductions required by law and affecting the work-seeker’s remuneration;

• (vii) the nature and the amount (or, where the amount cannot be stated, the method of calculation) of any other costs and deductions affecting the work-seeker’s remuneration;

• (viii) the nature and the amount (or, where the amount cannot be stated, the method of calculation) of any fees for services or goods which may be provided by the employment business or any other person and for which the employment business or other person will or may charge a fee to the work-seeker;

• (ix) any non-monetary benefits to which the work-seeker is entitled; and

• (x) details of any entitlement to annual holidays and to payment in respect of such holidays; and

• (d) except where paragraph (6) applies, a representative example statement which sets out as amounts, reasonably estimated where necessary and item by item, for a single prospective period based on the intervals at which remuneration will be paid—

• (i) the gross remuneration payable to the work-seeker, as referred to at paragraph (c)(iv);

• (ii) any costs and deductions affecting the remuneration which are required by law, as referred to at paragraph (c)(vi);

• (iii) any other costs and deductions affecting the remuneration, as referred to at paragraph (c)(vii);

• (iv) any fees for services or goods to be provided by the employment business or any other person and for which the employment business or any other person will or may charge a fee to the work-seeker, as referred to at paragraph (c)(viii); and

• (v) the net remuneration payable to the work-seeker after taking account of all costs, deductions and fees.

• (4) Paragraph (6) applies where—

• (a) the work-seeker is not the person to be supplied to carry out the work;

• (b) the work-seeker is not a company of which the person to be supplied to carry out the work or the spouse or civil partner of that person, either separately or together, has or have control; and

• (c) either—

• (i) the employment business arranges for the person to be supplied to carry out the work to be supplied by a work-seeker; or

• (ii) the employment business is not the person who will normally pay the person to be supplied to carry out the work.

• (5) For the purposes of sub-paragraph (4)(b), a person is to be taken to have control of a company if that person beneficially owns more than half of the issued share capital of the company or has the legal power to direct or cause the direction of the general management of the company.

• (6) Where this paragraph applies, the key information document must include, instead of the information required by sub-paragraphs (3)(c) and (d)—

• (a) details in respect of—

• (i) the identity of the work-seeker;

• (ii) whether the person to be supplied to carry out the work is or will be employed by their employer under a contract of service or apprenticeship, or a contract for services;

• (iii) the identity of the employer of the person to be supplied to carry out the work;

• (iv) if not the employer, the identity of the person who will normally pay the person to be supplied to carry out the work;

• (v) where any of the employment business, the work-seeker, the employer of the person to be supplied to carry out the work and the person who will normally pay the person to be supplied to carry out the work is connected with any other such person, the nature of the connection;

• (vi) either—

• (aa) the rate of remuneration payable to the work-seeker in respect of the person to be supplied to carry out the work; or

• (bb) the minimum rate of remuneration the employment business reasonably expects to achieve for the work-seeker in respect of the person to be supplied to carry out the work;

• (vii) either—

• (aa) the rate of remuneration payable to the person to be supplied to carry out the work; or

• (bb) the minimum rate of remuneration the employment business reasonably expects to be achieved for the person to be supplied to carry out the work;

• (viii) the intervals at which the remuneration will be paid to the work-seeker and the person to be supplied to carry out the work respectively;

• (ix) the nature of any costs and deductions affecting the remuneration of the person to be supplied to carry out the work which are required by law, stating whether those costs and deductions will be applied to the remuneration stated in accordance with paragraph (vi) or to the remuneration stated in accordance with paragraph (vii);

• (x) the nature and the amount (or, where the amount cannot be stated, the method of calculation) of any other costs and deductions affecting the remuneration of the person to be supplied to carry out the work, stating whether those costs and deductions will be applied to the remuneration stated in accordance with paragraph (vi) or to the remuneration stated in accordance with paragraph (vii);

• (xi) the nature and the amount (or, where the amount cannot be stated, the method of calculation) of any fees for services or goods which may be provided by the employment business, the work-seeker or any other person and for which the employment business, the work-seeker or any other person will or may charge a fee to the person to be supplied to carry out the work;

• (xii) an explanation of the difference between the rate of remuneration or minimum rate of remuneration payable to or expected to be achieved for the work-seeker as stated in accordance with paragraph (vi) and the net rate of remuneration payable to or expected to be achieved for the person to be supplied to carry out the work, if and to the extent that the difference is not fully explained by the information stated in accordance with paragraphs (ix), (x) and (xi);

• (xiii) any non-monetary benefits to which the person to be supplied to carry out the work is entitled;

• (xiv) details of any annual holidays to which the person to be supplied to carry out the work is entitled and of any entitlement to payment in respect of the same; and

• (xv) where the work-seeker is a company and the work-seeker and the person to be supplied to carry out the work have made an agreement in accordance with paragraph (9) of regulation 32, details of that agreement; and

• (b) a representative example statement which sets out as amounts, reasonably estimated where necessary and item by item, for a single prospective period based on the intervals at which remuneration will be paid to the person to be supplied to carry out the work—

• (i) the gross remuneration payable to the work-seeker, as referred to at paragraph (a)(vi);

• (ii) any costs and deductions affecting the remuneration of the person to be supplied to carry out the work which are required by law, as referred to at paragraph (a)(ix);

• (iii) any other costs and deductions affecting the remuneration of the person to be supplied to carry out the work, as referred to at paragraph (a)(x);

• (iv) any fees for services or goods to be provided by the employment business, the work-seeker or any other person and for which the employment business, the work-seeker or any other person will or may charge a fee to the person to be supplied to carry out the work, as referred to at paragraph (a)(xi);

• (v) any other item referred to at paragraph (a)(xii); and

• (vi) the net remuneration payable to the person to be supplied to carry out the work after taking account of all costs, deductions, fees and other items.

• (7) Where information required by paragraph (6) is not directly within the knowledge of the employment business, the employment business may rely on information provided in writing to the employment business by the work-seeker, the employer of the person to be supplied to carry out the work or the person who will normally pay the person to be supplied to carry out the work, provided that any such information relates directly to the person providing it.

• (8) The employment business must, by no later than the end of the fifth business day following a request by the work-seeker or the person who is or would be supplied to carry out the work, provide to the person requesting the information a copy of any information on which the employment business relies as permitted by paragraph (7).

• (9) The key information document—

• (a) may contain details of any other terms agreed under regulation 14 in respect of content required to be agreed under regulation 15; but

• (b) may not contain any other items of additional information.

• (10) The key information document must be—

• (a) written in a clear and succinct manner;

• (b) a maximum of two sides of A4-sized paper (being sides of paper with the dimensions 210 by 297 millimetres) when printed; and

• (c) presented in a way that is easy to read, using characters of readable size.

• (11) Where it is not possible to include all the information required under paragraph (3) and, where applicable, paragraph (6), together with any additional information included as permitted by sub-paragraph (9)(a), in a manner which complies with paragraph (10), the employment business may, to the extent necessary, provide a summary of that information in the key information document and a reference to where more details of that information may be found in another document, or documents, provided to the work-seeker and, where paragraph (6) applies, to the person to be supplied to carry out the work.

• (12) The employment business—

• (a) may (but is not required to) give the work-seeker and, where paragraph (6) applies, the person to be supplied to carry out the work more than one key information document where there are options or other variations which may apply to the details required to be included under paragraphs (3) and, where applicable, paragraph (6), or to any additional information included as permitted by sub-paragraph (9)(a), and therefore the document is not finalised; and

• (b) must give the work-seeker and, where paragraph (6) applies, the person to be supplied to carry out the work a revised key information document where the details required to be included under paragraph (3) and, where applicable, paragraph (6), or included as additional information as permitted by sub-paragraph (9)(a), change after any key information document has been given in accordance with sub-paragraph (a) but before the agreement of the work-seeker to the terms which will apply as between the employment business and the work-seeker is obtained in accordance with regulation 14.

• (13) Whether or not the employment business has previously given any key information document in accordance with paragraph (12), the employment business must at the appropriate time give a finalised key information document to the work-seeker and, where paragraph (6) applies, the person to be supplied to carry out the work.

• (14) In paragraph (13), “the appropriate time” means any time after the content of the key information document is, subject only to the agreement of the work-seeker to the terms which will apply as between the employment business and the work-seeker being obtained in accordance with regulation 14, finalised (including, where relevant, by resolution of any options or variations), but before that agreement is obtained.

• (15) If any of the details required to be included under paragraphs (3) or (6), or included as additional information as permitted by sub-paragraph (9)(a), change after the agreement of the work-seeker to the terms which will apply as between the employment business and the work-seeker is obtained in accordance with regulation 14, the employment business must, by no later than the end of the fifth business day following the day on which the change occurred, give to the work-seeker and, where paragraph (6) applies, to the person who is or would be supplied to carry out the work a revised key information document stating the date on or after which the revisions take effect.

• (16) Paragraphs (2) to (11) apply to any revised key information document given in accordance with paragraph (15) in the same way as to a key information document given before any agreement of the work-seeker to the terms which will apply as between the employment business and the work-seeker in accordance with regulation 14, but as if references to the person to be supplied to do the work were references to the person who is or would be supplied to do the work.

• (17) But paragraph (15) only applies—

• (a) where the employment business first provided any work-finding services to a work-seeker on or after 6th April 2020 and, accordingly, was required to give a key information document in accordance with this regulation; and

• (b) while the employment business continues to provide services in the course of its business as an employment business to the work-seeker or the person supplied to do the work.

• (18) For the purposes of this regulation, a work-seeker includes a work-seeker which is a company, whether or not an agreement has been made in accordance with paragraph (9) of regulation 32.

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

Content of terms with work-seekers: Employment businesses

Requirement for employment businesses to obtain agreement to terms with hirers

2A

In the case of an employment business, any key information document required to be given by paragraph (13) of regulation 13A and any revised key information document required to be given by paragraph (15) of regulation 13A.

Advertising in ... EEA states