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 September 2017
  • Litigation and dispute resolution

Victim of fraud? How to identify the perpetrator

Every day companies and individuals lose money to fraudsters, who hack into email accounts and alter emails sent from companies to their customers, or send sophisticated phishing emails from fake domain names designed to dupe customers into believing they are from a trusted supplier.

art
  • 07 September 2017
  • Brexit

Leaked document on Post Brexit Immigration

The Guardian has obtained a copy of a leaked document setting out the government’s proposals on post-Brexit immigration.

art
  • 05 September 2017
  • Construction

How to avoid construction payment disputes

Payment disputes continue to be one of the most common problems in the construction industry, and we have published numerous articles on the key court decisions that affect the interpretation of payment provisions

art
  • 05 September 2017
  • Construction

Payment in Construction Contracts – What’s new?

Payment provisions are an industry “hot topic” and the wave of litigation since the 2009 amendments to the Construction Act remains relevant. If you would like a reminder of the principles to follow when applying for or making payment, then see our previous articles here and here.

art
  • 04 September 2017
  • Employment

Tribunal fees: should you prepare for a deluge of claims and what happens next?

It has been a tumultuous few years for the Conservative party and the recent Supreme Court ruling has added to the party’s list of woes. The government will now have to repay £32m to parties following the Court’s unanimous decision that the tribunal fee regime was unlawful.

art
  • 31 August 2017
  • Corporate and M&A

Directors’ & Officers’ Liability Insurance

We are often asked by directors (both exec and non-exec) of clients about whether their company should have D & O liability insurance in place, and what it does and does not cover.