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
  • 18 March 2024
  • Privacy and Data Protection

Consent or pay: Issues and considerations, Meta’s potential breach

The ICO has stated that any organisation considering using “consent or pay” must ensure that the consent to processing of personal data for personalised advertising is being given freely, and is fully informed.

art
  • 14 March 2024
  • Employment

The impact of technology-dependent Gen Z on the workplace – Amanda Glover writes for Business Voice magazine

In Business Voice magazine, Amanda Glover, Associate at Clarkslegal writes about the impact of Gen Z sharing details of their work woes on social media and how organisations should respond.

art
  • 13 March 2024
  • Privacy and Data Protection

21 March 2024 Deadline: Are your international data transfer agreements compliant?

If your organisation transfers personal data from the UK to another country, it needs to comply with statutory requirements to ensure adequate levels of protection for that data are in place.

art
  • 08 March 2024
  • Employment

The Labour Party proposes extensions to discrimination law

With a general election to come in 2024, it is vital that employers keep up to speed with the proposals of both major parties that are likely to affect the day-to-day operation of their business. 

art
  • 07 March 2024
  • Litigation and dispute resolution

What to expect from 2024 in Dispute Resolution

Now that two months of the year have passed, what changes might be expected in Dispute Resolution during the remainder of 2024?

art
  • 06 March 2024
  • Privacy and Data Protection

Personal Data Breaches – How do I deal with them?

This article will provide an overview of the steps to take when experiencing a personal data breach.