Search

How can we help?

Icon

Government proposal to prohibit EEA-only recruitment by employment agencies

In October 2015 the Government consulted on proposed changes to the “Conduct Regulations”, which govern the recruitment sector. The response to the consultation was published by the Department for Business, Innovation and Skills (BIS) last week and confirms the Government’s intention to proceed with the majority of the proposals within the consultation.

One key plan is to strengthen the existing legislation to prevent employment agencies from advertising jobs in other EEA countries without advertising in Great Britain, either before or at the same time. The advertisement would also need to be in English. At present this restriction only applies to specific vacancies, however, the Government intends to extend it to all generic recruitment campaigns carried out by employment agencies/businesses.  The Responses to the consultation suggest that this change may not impact significantly on the employment agencies/businesses or hirers themselves but the majority of respondents did feel that it would have a positive impact on work-seekers.  Thirteen per cent of the respondents felt that the regulations did not go far enough in this regard stating that organisations could get around the prohibition by using agencies based outside of Great Britain.

The consultation also asked for comments on removing regulation 27 of the Conduct Regulations, which sets out a requirement that employment agencies/businesses ensure certain specific information is included in job adverts.  However, 60% of respondents to the consultation raised concerns that this would have a negative impact on work-seekers as more unscrupulous agencies could advertise vacancies on terms that didn’t reflect the reality of the position available. In light of the strong responses and concerns raised in relation to this proposal, the Government has decided to retain regulation 27.

 

Chambers and Partners

The Clarkslegal team are commercial and good to work with. They get what our business needs and tell me what I need to hear.

The response does outline proposals to remove some existing regulations with the overall aim of giving the recruitment sector more freedom. However, many of these amendments are unlikely to have a significant impact in practice. For example, the removal of the obligation on employment agencies/businesses to agree terms with hirers is unlikely to change the fact that, in reality, most employment agencies/businesses will still want to have a commercial agreement which governs the supply of staff

It is not yet known when the proposed reforms will be introduced.

About this article

Disclaimer

This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

About this article

Read, listen and watch our latest insights

art
  • 08 May 2025
  • Employment

Statutory Sick Pay Scheme changes: how can employers prepare for such changes?

The government has recently changed the Statutory Sick Pay provisions; it is anticipated that such changes will ‘help people to stay in work and grow the economy’.

Pub
  • 07 May 2025
  • Corporate and M&A

Thinking of exiting your business? Part 1

In the first part of this three-part series, we explore why planning your exit strategy early can shape the way you build, grow, and eventually sell your business for maximum value. From mindset to strategy, we unpack how thinking about the end from the beginning can lead to smarter decisions and better outcomes.

Pub
  • 07 May 2025
  • Immigration

UK Immigration: Essential update for employers

The UK’s immigration system will see major changes in 2025. Watch our UK immigration specialists, Ruth Karimatsenga and Monica Mastropasqua, as they explore the key updates and how they affect your business.

art
  • 06 May 2025
  • Corporate and M&A

Can a disclosure letter give rise to a misrepresentation claim?

Provided by a seller to a buyer, a disclosure letter is an important element in any business sale or purchase transaction.

art
  • 02 May 2025
  • Employment

Sex, Gender and the Law: What the Supreme Court’s Recent Ruling Means for Employers

The recent UK Supreme Court decision in For Women Scotland Ltd v The Scottish Ministers  UKSC 16 has generated significant attention, but for most employers, we would argue that its practical impact is relatively limited—at least for now.

art
  • 29 April 2025
  • Privacy and Data Protection

Use of Personal Devices at Work: Why a Bring Your Own Device Policy is Essential

We will highlight in this article what changes have been made to the DUAB since the early stages of the Bill.