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.

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.

Author profile

About this article

employmentboddy logo
clipboard logo HR Resources

HR Legislation and Case Law Update

Quick reference guide to upcoming key employment law cases and legislation.

Read, listen and watch our latest insights

art
  • 30 September 2026

Clarkslegal celebrates strong results in the Legal 500 UK 2027

Clarkslegal would like to thank its clients for the outstanding feedback that contributed to the firm’s recognition in the Legal 500 UK Solicitors 2027 Guide. We are proud to be recognised across five key practice areas: Litigation, Property, Corporate & Commercial, Employment, and Immigration.

art
  • 29 September 2026
  • Employment

New bereavement leave rights for pregnancy loss

The Government have announced that in April 2027 they will be introducing a new right to bereavement leave to include those who suffer pregnancy loss before 24 weeks. This has been announced in their response to their consultation on bereavement leave “Make Work Pay: Leave for bereavement including pregnancy loss”.

art
  • 25 September 2026
  • Employment

Consultation response on duty to inform workers of right to join a union

The Employment Rights Act 2025, makes it a requirement for employers to inform workers of their right to join a trade union at the same time as the Section 1 particulars are issued to them and at subsequent times. The details of this new duty are to be provided in regulations.

art
  • 24 September 2026
  • Public Procurement

Procurement challenges: What documents and information are bidders entitled to?

A tricky feature of public procurement challenges for unsuccessful bidders is that contracting authorities usually hold all the cards. When the outcome of a tender conducted under the Procurement Act 2023 has been decided, authorities must provide bidders with an Assessment Summary containing their scores for each of the award criteria and those of the successful bidder and an explanation for those scores.

art
  • 23 September 2026
  • Corporate and M&A

GDPR Privacy Policies: Key requirements for organisations

When an organisation is creating a website or app to reach users or potential customers drafting a Privacy Policy may be an afterthought. However, failure to write a Privacy Policy, which complies with the relevant legislation, can have serious consequences.

Pub
  • 17 September 2026
  • Employment

Employment law changes in 2026: What you need to know

Stay ahead of the latest UK employment law changes. Watch our on demand webinar with Monica Atwal and Harry Berryman covering key HR developments and employment law updates for 2026.