The BIS has published a consultation on its proposals for reforming the regulatory framework for employment agencies and employment businesses. The Government believes that the legislation, which regulates the recruitment sector, is complicated and difficult for businesses and individuals to understand. This consultation is seeking views on a proposal to establish a new, fit for purpose regulatory framework with minimum regulation. The Government believe that the future system should achieve four outcomes for people and businesses that use recruitment firms:
• Employment businesses and employment agencies are restricted from charging fees to work-seekers.
• There is clarity on who is responsible for paying temporary workers for the work they have done.
• The contracts people have with recruitment firms should not hinder their movement between jobs, and temp-to-perm transfer fees are reasonable.
• Work-seekers have the confidence to use the sector and are able to assert their rights.
The consultation also seeks views on the current enforcement regime and whether individuals should be able to enforce their own rights at Employment Tribunals, bringing the recruitment sector in line with other areas of employment law. The consultation closes on 11 April 2013.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
