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Employment Agency Amendment Regulations Published

The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2016 (SI 2016/510) have been published. The regulations, which were published on 20 April 2016, are due to come into effect on 7 May 2016. They amend the Conduct of Employment Agencies and Employment Business Regulations 2003 (SI 2003/3319) (the “Conduct Regulations”). 

The amendments come as a result of a Government consultation on proposed changes to the regulation of the private recruitment industry. The consultation closed on 23 November 2015.

One of the main changes is the removal of the requirement for employment businesses to enter into written terms and conditions with hirers, before supplying any services. 

In addition, there is now a ban on agencies or employment businesses from publishing a "relevant recruitment advertisement" in an EEA state other than the UK, unless the advertisement is published in English in Great Britain first, or at the same time.

It is now no longer necessary for an employment business or agency to ascertain that any other employment agency or business that they enter into a contract with is suitable to act in that capacity; nor is it any longer necessary for the parties to agree in what capacity each of them will act. 

It is also no longer prohibited for recruitment agencies to enter into a contract on behalf of a client. 

The Secretary of State is required to review the Conduct Regulations every five years.

This bulletin is for general guidance purposes only and should not be used for any other purpose.

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