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
  • 01 June 2023
  • Employment

Facts employees should know about their personal data

We previously published an article on facts an employer should know about holding personal data, so it is only fair that we also write about the other side of the coin – facts employees should know as individuals whose personal data is held by their employer.

art
  • 01 June 2023
  • Immigration

What is the Immigration Skills Charge (ISC) and how much do you have to pay?

The Immigration Skills Charge (ISC) is a levy on companies who sponsor migrant workers. This levy was imposed on 6 April 2017. The Government states that the charge has been levied to contribute towards addressing the skills gap in the local economy.

art
  • 26 May 2023
  • Employment

Avoiding discrimination in flexible working requests

The right to request flexible working is currently available to employees with at least 26 weeks’ service and is set to be extended further under new Government reforms.

art
  • 25 May 2023
  • Corporate and M&A

Management Buyout – Top 5 things to consider

A management buyout is a financial transaction in which a member of the management team purchases the company from its registered owner. MBO’s usually occur in private companies in an effort to enhance profitability and simplify strategies.

art
  • 25 May 2023
  • Employment

Carer’s Leave Bill set to become law

On 19 May 2023, the Carer’s Leave Bill had its third reading in the House of Lords, and upon receiving Royal Assent, will become law. There is not yet a date for the implementation of this bill, however it is likely that this will happen relatively quickly upon receiving Royal Assent, so is definitely one to keep an eye on.

art
  • 18 May 2023
  • Immigration

Navigating SOC Codes

When it comes to UK immigration, understanding the intricacies of the system is vital. One significant aspect of the process revolves around Standard Occupational Classification (SOC) codes. SOC codes play a crucial role in determining the eligibility for an individual to apply for a work visa, assessing skill levels, and matching individuals to appropriate job roles.