扒哥吃瓜

This guidance aims to help employment agencies, employment businesses and the recruitment sector to understand听.

It should not be taken as an authoritative statement on the law or a substitute for taking legal advice.

Definitions of terms听听听

This section explains the definition of some of the terms used in this guidance. They are explained again within the context they鈥檙e first used.听

Term	What it means
Act	The Employment Agencies Act 1973.
Booking confirmation	A document provided by the agency when an assignment is offered. It may be by text, messaging system or email and should detail the particulars of the work being offered.
Employment agency	A business that finds permanent roles where the work-seeker is employed by the hirer, either short or long term.
Employment business	A business that finds and supplies temporary work-seekers roles with hirers.
Hirer	The agency鈥檚 client that the work-seeker is introduced or supplied to and carries out work for.
Introduction	When a work-seeker is introduced to a hirer before any work commences.This could be by way of an interview or submission of a work-seeker鈥檚 CV to a potential hirer.
Recruitment agency	A generic term for a business that finds temporary, permanent or contract work for work-seekers.
Regulations	The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (last amended in 2019).
Supply	When a work-seeker begins working for the hirer.
Terms	Terms of engagement that must be agreed with a work-seeker before the start of any work-finding services. This听document is often referred to as a contract or terms and conditions.
Umbrella company	An umbrella company is a business often used by an employment business to pay temporary workers. In most cases, the umbrella company employs the agency worker and pays their wages through PAYE.听Employment businesses can听find guidance on steps they can take to protect themselves, their temporary workers and their hirers when working with umbrella companies.
Work-seeker	A person who鈥檚 looking for or being found work through an employment agency听or听employment business. This includes self-employed people and limited-company work-seekers.

About the Fair Work Agency听

On听7 April 2026, the Fair Work Agency (FWA) brought together several state enforcement bodies, including the Employment Agency Standards Inspectorate (EAS).听听

FWA听is responsible for听enforcing听a wide range of labour market legislation and protecting workers.听听

One of its functions is to act as the state regulator for employment听businesses and agencies in England,听Scotland听and听Wales.听听听

Our responsibilities as state regulator of the private recruitment sector听听

We鈥檙e responsible for:听听

• working with employment agencies and businesses to help them听comply with听the law听听
• investigating complaints received from agency workers听听
• carrying out targeted operations in occupation or geographical sectors based on risk profiling听听听
• taking enforcement action, including warning letters, Labour Market Enforcement Undertakings (LMEUs) and, or ,orders,听prosecution听or prohibition听听

Find out more about the Fair Work Agency.听

Recruitment agencies in Northern Ireland听听

If your employment business or agency is based in Northern Ireland, the Employment Agency Inspectorate (EAI) is likely to be their regulator.听听

听

The laws agencies are governed by

There are specific laws relating to work-seekers and hirers when they use the services of an employment business or agency.听听

Agencies听must听operate听in accordance with听the:听

• 听听(the Act), amended听听
• 听(the Conduct Regulations), amended

Recruitment agencies supplying workers in food production sectors

A recruitment agency supplying workers to work in agriculture, horticulture, shellfish gathering and associated food processing and packaging would be operating as a gangmaster.

To operate as a gangmaster, you must have a licence from the Fair Work Agency (FWA). These sectors are regulated through the gangmasters licensing regime under the Gangmasters (Licensing) Act 2004, which sets specific licensing standards that labour providers must comply with.听

It鈥檚 a criminal offence to 鈥榓ct鈥� as a gangmaster without a licence, or to 鈥榰se鈥� an unlicensed gangmaster.

Find out more about gangmaster licences.

Who the Act applies to听听

The Act applies to employment agencies and employment businesses,听regardless听if听they are run to make a profit or by nonprofit bodies.听听听

The Employment Agencies Act 1973 and the associated Conduct Regulations 2003 apply irrespective of the employment status of the work-seeker.

What a recruitment agency听is听听

Recruitment agencies are businesses that offer work opportunities听to听their clients.听听

There are听2听kinds:听听

1. Employment agencies.听These find听work-seekers 鈥榩ermanent鈥� placements,听where workers are employed by the hirer, either short or long term.
2. Employment businesses.听These find听work-seekers temporary assignments,听where they employ and supply temporary and contract workers to work under the direction and control of hirers.

These are both commonly known as agencies by the听public.听听听

Employment agencies听听

An employment agency is defined as a business that provides services听鈥撎齱hether by the provision of information or otherwise听鈥撎齠or the purpose听of finding workers employment with听employers, or听supplying employers with workers who will be employed by them.听听

The Act applies to a wide range of agencies, from recruitment agencies to specialist agencies,听such as entertainment and modelling agents, online听platforms听and executive听search consultants.听听

Employment businesses听听

An employment business is听defined as a business that supplies workers who听are in听its employment to act听for, and be under the control of, other people, in any capacity.听听

This covers the hiring out of workers on a temporary basis and is听frequently听called 鈥榯emping鈥�.听The Act and Regulations do听not听apply to sub-contracting听鈥撎齣ndependent contractors听undertaking specific tasks using their own staff acting and听remaining听under their direction and control.听听

Fees听听

Employment agencies and businesses are prohibited from charging fees to workers for finding or trying to find them jobs. Exceptions to this are for finding jobs for performers and certain other workers in the entertainment field, and photographic or fashion models.听听

The Act does not regulate the fees charged to hirers by employment agencies and businesses,听or the rates paid by the employment businesses to workers employed by them.听听

However, should an employment business intend to charge transfer fees to hirers,听for example听where they permanently employ a worker supplied to them by an employment business,听they must听follow听the requirements set out in听

An overview of the Conduct Regulations听听

General obligations听听

Regulation	What it covers
Regulation 5	Restriction on agencies and employment businesses requiring work-seekers to use additional services.	听
Regulation 6	Restriction on detrimental action relating to work-seekers working elsewhere.	听
Regulation 7	Restriction on providing work-seekers in industrial disputes.	听
Regulation 8	Restriction on paying work-seekers鈥櫶齬emuneration.	听
Regulation 10	Restriction on charges to hirers.	听
Regulation 12	Prohibition on employment businesses withholding payment to work-seekers on certain grounds.	听

Requirements to be satisfied before work-finding services are provided

Regulation	What it covers
Regulation 13	Notification of charges and the terms of offers.	听
Regulation 13A	Key Information Document (KID).	听
Regulation 14	Requirement to obtain agreement to terms with work-seekers, and Regulation.	听
Regulation 15	Content of terms with work-seekers: Employment businesses.	听
Regulation 16	Requirement to obtain agreement to terms with work-seekers and content of terms with work-seekers: Agencies.	听

Requirements to be satisfied in relation to the introduction or supply of a work-seeker to a hirer听

Regulation	What it covers
Regulation 18	Information to be obtained from a hirer.	听
Regulation 19	Confirmations to be obtained about a work-seeker.	听
Regulation 20	Steps to be taken for the protection of the work-seeker and the hirer.	听
Regulation 21	Provision of information to work-seekers and hirers.	听
Regulation 22	Additional requirements where professional qualifications or authorisation is鈥痳equired,鈥痮r where work-seekers are to work with vulnerable persons.	听

Special听situations

Regulation	What it covers
Regulation 23	Situations where more than听1 agency or employment business is involved.	听
Regulation 24	Situations where work-seekers are provided with travel or听required听to live away from home.	听

Client听accounts and听charges to听work-seekers

Regulation	What it covers
Regulation 25	Client accounts.	听
Regulation 26	Circumstances in which fees may be charged to work-seekers.	听

Miscellaneous听听

Regulation	What it covers
Regulation 27	Advertisements.	听
Regulation 27A	Advertising in other EAA states.	听
Regulation 28	Confidentiality.	听
Regulation 29	Records.	听
Regulation 30	Civil liability.	听
Regulation 31	Effect of prohibited or unenforceable terms and recoverability of monies.	听
Regulation 32	Application of the Regulations to work-seekers听who听are incorporated.	听
Regulation 33	Electronic and other communications.	听
Regulation 34	Review	听

An overview of the Conduct Regulations and consequences of non-compliance听听听

The Conduct Regulations were implemented by the Secretary of State under Section 5 of the Act and are designed to set standards of conduct for those听operating听in the recruitment sector. The Conduct Regulations set the standards to be met.听听

Any person who contravenes the Act and,听or,听the Conduct Regulations is guilty of an offence and liable to a fine on conviction.听听听

Where听FWA听believes that听an offence has been committed,听we听may consider听seeking听a Labour Market Enforcement Undertaking (LMEU),听for a period of up to听2听years.听听

If an听LMEU听cannot be agreed or, once in place is not听complied with,听we听can apply听for a Labour Market Enforcement Order (LMEO),听for a period of up to听2听years,听through the courts. If a person听fails to听comply with听the听LMEO, they could be fined or imprisoned for up to听2听years.听听

The Secretary of State can also consider applying for a prohibition order against a person from carrying on,听or being concerned with the carrying on of, an employment agency or employment business for up to a maximum of 10 years on the grounds of misconduct or unsuitability.听听

Find out more about the听FWA鈥檚 enforcement policy.

Restrictions on charging transfer fees to hirers

The Conduct听Regulations听do not regulate the amount of fees that employment agencies or employment businesses may charge their clients (hirers). Fee levels are treated as a commercial business to business agreement between you and the hirer.听听

However, if you choose to charge a transfer fee, you must听comply with听the specific requirements set out in Regulation 10.听听

If you听operate听as an employment business, any transfer fee you intend to charge must be听stated听in your terms of business with the hirer. This includes the听circumstances听when the听fee applies and the relevant time limits.

As an employment business, you may charge a transfer fee when a hirer:听听

• takes on your temporary work-seeker directly on a permanent basis听听
• engages them via another employment business听
• introduces the worker to a third party, who then engages them听

Offering an听extended听period of听hire听听

If the hirer wishes to take the worker on directly or via another employment business, you must give the hirer the听option听of an extended period of hire as an alternative to paying a transfer fee. The hirer must be free to choose the听option听they prefer.听听

An extended period of hire means continuing to supply the worker to the hirer for a defined period, on terms no less favourable than those that applied before the hirer听told you听of their intention. When this period ends, the hirer may take on the worker without paying a transfer fee.听听

Failure to offer this听option听makes any requirement to pay a transfer fee unenforceable, except where the hirer introduces the worker to be engaged by a third party.听听

The 鈥榬elevant听period鈥櫶�听

Transfer fees may only be charged听if the event听that听allows a transfer fee to be charged occurs听within the relevant period. This is defined as:听听

• 14 weeks from the day after the worker starts their first assignment with the hirer, or听听
• 8 weeks from the last day the worker worked for the hirer,听whichever ends later听听

If the worker has undertaken more than 1 assignment for the hirer and there is a gap of more than 42 days between assignments, the later assignment is treated as if it were the first.听听

You can only charge a transfer fee outside the relevant period听if听you introduced a work-seeker to a hirer but never supplied them as a temporary worker. In such cases, you may听charge听a fee if the hirer later engages the individual directly, but only where this is stated in your agreed terms of business.听听

To be enforceable, your terms of business must also set out the specific听time period听during which you may charge a fee in situations where there has been introduction but no supply.

Prohibition on employment businesses withholding payment to work-seekers on certain grounds

An employment business must not withhold pay from a work-seeker they have supplied to a hirer for work they have done under Regulation 12.

You must not withhold or threaten to withhold pay because:

• the hirer has not paid you
• the work-seeker has not provided timesheets confirmed by the hirer (provided the employment business can satisfy itself by other means)
• the work-seeker did not work during a different period
• any issue that is within your control

Additional goods or services

Under Section 6(1) of the Act,听an employment agency or employment business听must not charge a work-seeker a fee for finding听them work,听unless听you鈥檙e an听employment agency听operating听in听the entertainment and modelling听sectors.

You听may, however, offer other services that are not related to work-finding and you may charge a fee for those.听听

Under Regulation 5, you听must not make access to your work-finding services conditional on the work-seeker using any听additional听goods or services provided either by you or by any person you鈥檙e connected to. The meaning of 鈥渃onnected鈥� is set out in Regulation 3.听

Regulation 13 requires you to give work-seekers written details of any goods or services they may be charged a fee for. This information must be provided before you, or any third party, provide or arrange those goods or services for the first time. You must also make sure that work-seekers can withdraw from such services without suffering any detriment.听听

Information that must be provided in writing if a work-seeker will be charged for a service

Requirement	What this means
The amount or method of calculation of a fee.	Explain exactly how much the work-seeker will be charged for the service you鈥檙e arranging or providing. Where an exact fee is not known, you should detail the calculation of the fee.
The identity of who the fee is payable to, or will be payable.	Who the work-seeker will pay the fee to. This may be your business or a third party.
A description of the services or goods to which the fee relates.	Details听about听the services or goods that the work-seeker is paying for. You should听give听 as much information as possible.
A statement of the work-seeker鈥檚 right to cancel or withdraw from the service.	Explain that the work-seeker has the right to cancel or withdraw from the service (provided by you) for which they are paying a fee.
The notice period to cancel or withdraw.	Detail how much notice you expect the work-seeker to give you when cancelling or withdrawing from the service you are providing.听Note that under Regulation 5 (Restriction on requiring work-seekers to use additional services), you cannot request the work-seeker gives the provider of services any more notice than 5 business days or, for services relating to the provision of living accommodation, notice of 10 business days.
Refunds or rebates payable to the work-seeker.	Details听regarding听the scale of any refunds or rebates, and if no refunds or rebates are payable, a statement to that effect.

Key Information Documents

Under Regulation 13A, employment businesses must give听all temporary work-seekers听who听register with them on or after 6th听April 2020听a Key Information Document (KID) before agreeing terms with them.听听

KIDs听give agency workers听details about听how they will听be engaged, including听pay-related facts.听Read further guidance on providing a KID and听download听template documents you may amend.

Terms of engagement with work-seekers

Regulations 14 and 15 relate only to employment businesses and set a requirement to agree terms of engagement with work-seekers and the minimum content that must be agreed in those terms. This may be called a contract, terms or terms and conditions.

These must be agreed with the work-seeker before providing any work-finding services. There鈥檚 no obligation for terms to be signed by the听work-seeker, but you must be able to听show听that they鈥檝e been agreed.听听

The minimum information that must be agreed in the terms听听

Requirement	What this means
A statement that the employment business will听operate听as an employment business in relation to the work-seeker.	Explain that you鈥檙e听operating听as an employment business.听This informs the work-seeker that you鈥檙e seeking temporary work on their behalf.	听
The type of work the employment business will find or听seek听to find for the work-seeker.	Explain the type of work that will be听sought听on behalf of the work-seeker.	听
How the work-seeker will be engaged.	Provide a statement to say if the work-seeker will be employed by the employment business under a contract of service or apprenticeship, or a contract for services.	听
An undertaking that the employment business will pay the work-seeker for work done by them, whether or not it鈥檚 paid by the hirer.	Include an undertaking to pay the work-seeker for all hours worked,听even if you do not receive payment from the hirer.	听
The notice period.	Explain how much notice the work-seeker must give and will receive to听terminate听their assignment with each hirer.	听
The rate of听remuneration.	Detail either the actual rate of pay payable to the work-seeker or the听minimum听rate of pay that you expect to be able to achieve for each assignment that you send the work-seeker to.	听
The intervals of pay.	Detail the intervals at which wages will be paid to the work-seeker.	听
Holiday entitlement.	Advise听the work-seeker of any entitlement to annual leave and holiday pay.	听

Obtaining information about an assignment from a hirer

Regulation 18 provides that employment agencies and employment businesses must not introduce or supply a work-seeker to a hirer unless it has sufficient information from the hirer to select a suitable work-seeker for the position.听听听

This means that before introduction (sending a work-seeker for an interview or submission of a CV) or supply (supplying a work-seeker to听do work) you need听a minimum amount of information about the job and conditions under which the work-seeker will be expected to work.听听

Overview of the information that must be obtained

Requirement	What this means
Identity of the hirer.	The name of your client.
Nature of the hirer鈥檚 business.	A brief description of your client鈥檚 business.
Start date.	The date when the work will听start.
Duration of assignment.	The length of time the assignment is expected to last, or an end date. If there鈥檚 no fixed end date, you could agree that the work will be ongoing, but the likely duration must still be听stated.
The position to be filled.	Job title.
The type of work that the worker is expected to do.	An overview of the duties that the work-seeker will be expected to do during the assignment.
Location.	The location where the work-seeker will normally be expected to do the assignment.
Days and hours of work.	Detail the days and hours that the work-seeker will be expected to work.
Any known health or safety risks.	You鈥檙e required to听get information from the hirer听about听any known health or safety risks.听Where there are known risks, you must confirm what steps are being taken by the hirer to prevent or control them.听This would include obtaining information from the hirer听about听any personal protective equipment (PPE) that the work-seeker would need听to wear.
Any experience, training, qualifications and authorisations听deemed听necessary by the hirer, or required by law or any professional body.	Detail any experience, training, qualifications听or authorisations that are required by the hirer, a professional听body听or the law, to work in the assignment.
Expenses payable by or to the worker.	Note any expenses payable to, or by the work-seeker.

Further obligations for employment agencies

Requirement	What this means
The鈥痬inimum鈥痳ate of鈥痳emuneration鈥痑nd other benefits payable to the worker.	Detail the鈥痬inimum鈥痑mount of pay that the hirer will be prepared to pay to the work-seeker, along with any benefits.	听
The听intervals of pay.	Detail the frequency that the work-seeker will receive pay.	听
The听notice period the worker is entitled to receive and give to terminate employment with the hirer.	How much notice the work-seeker has to give and is entitled to receive to bring their employment to an end.	听

Confirmations to be obtained about a work-seeker

Under Regulation 19, an employment business must not introduce or supply a听work鈥憇eeker听to a hirer unless it has听confirmed听the identity of the听work鈥憇eeker听by checking an identity document such as a passport, driving licence or birth certificate.听

This requirement also applies where the听work鈥憇eeker听provides services through a limited company and covers both the company and the individuals听doing听the work.

The employment business must also confirm that听the听work鈥憇eeker听has the experience, training,听qualifications听and any authorisation required either by the hirer, by law or by a relevant professional body to perform the role. An authorisation required by law includes the right to work in the United Kingdom.听

This requirement can be met during the registration process by听asking听for and viewing evidence such as certificates, training听records听or professional registrations.听Evidence must be kept听to show听that these checks have been done.

These requirements also apply to employment agencies that introduce permanent workers to be employed in roles that involve working with vulnerable听people.听

Work鈥憇eekers听cannot opt out of the Conduct Regulations where the role involves working with vulnerable听people, even if they would otherwise be entitled to opt out under Regulation 32(9).

Employment businesses and agencies should be aware of their obligations under听right to work听legislation听and听Regulation听22.听

Employment businesses and agencies must also confirm that the听work鈥憇eeker听is willing to work in the position before introducing or supplying them to the hirer.听

Steps to be taken for the protection of the work-seeker and the hirer听

Under Regulation 20, employment agencies and employment businesses must take all reasonably practicable steps to ensure that placing a work-seeker in a role is not detrimental to the interests of either the work-seeker or the hirer.

Regulation 20鈥痑lso鈥痵ets out what must happen when an agency or employment business receives information鈥痠ndicating鈥痶hat a work-seeker may be unsuitable for the position they are鈥痠n.鈥�鈥�听

Information鈥痶hat shows or鈥痵uggests a鈥痺orker Is鈥痭ot鈥痵uitable鈥痗ould听include:鈥�听

• evidence that identity documents, qualifications or authorisations supplied were鈥痜raudulent鈥�听
• information from the police or another authority鈥痠ndicating鈥痶he individual is unsuitable to continue in鈥痶he role鈥�听

The required actions differ for employment businesses and employment agencies.鈥�鈥�听

Employment鈥痓usinesses鈥�鈥�听

If an employment business鈥痝ets information鈥痵howing the听work-seeker is not suitable鈥�鈥�听

The employment business must end鈥痵upply without鈥痙elay.鈥疶his鈥痬eans听the same day, or where not reasonably鈥痯racticable, the next business day.鈥�鈥�听

For example, if the police inform the employment business that the worker has committed an offence that makes them unsuitable to remain in the role, supply must be ended听immediately.听听

If an employment business gets information鈥痠ndicating鈥痶he听work-seeker might be unsuitable,鈥痓ut not yet proven鈥�听

The employment business must, without delay:鈥�鈥�听

• inform the hirer鈥�听
• carry out鈥痑ppropriate investigations鈥�听
• update the hirer with the enquiries made and any information obtained鈥�听

If those investigations later provide confirmation that the individual is unsuitable, the employment business must end supply鈥痠mmediately.鈥�鈥�听

Employment鈥痑gencies鈥�鈥�听

Where the听work-seeker is employed directly by the hirer

Within鈥�3鈥痬onths of introducing the work-seeker,听the employment agency must inform the hirer without delay if it becomes aware of any information suggesting the work-seeker may be unsuitable or is not suitable for the position.鈥�鈥�听

This applies regardless of whether the information is conclusive or preliminary.

Provision of information to work-seekers and hirers鈥�鈥�听

What you must give to the hirer鈥�鈥�听

Regulation 21(1)(a) provides that when an employment agency or employment business proposes a work-seeker to a hirer,鈥痠t must give the hirer all the information it has obtained about the work-seeker under the requirements of听Regulation听19.鈥�鈥�鈥�听

This can be provided verbally but must be confirmed in writing within鈥�3鈥痓usiness days and should include the work-seeker鈥檚 name (and company name if a limited company), experience, training,鈥痲ualifications and authorisations that they have to undertake the role, and a statement that the work-seeker is willing to do the work in question.鈥�鈥�听

If you鈥檙e听acting as an employment business, you must also tell the hirer what contractual basis听you鈥檝e听engaged the听work鈥憇eeker听on 鈥� a contract for services, employed under a contract of employment (contract of service) or apprenticeship.听

What you must give to the work-seeker鈥�鈥�听

Under Regulation 21(1)(b), when an agency or employment business offers a work-seeker a position with a hirer, it must give the work-seeker the information about the hirer鈥痶hat鈥痠t has obtained under the requirements of听Regulation听18.鈥�鈥�听

If鈥� you鈥檙e鈥痑cting as an鈥痚mployment business and have鈥痭ot agreed the actual rate of pay with the work-seeker, under鈥疪egulation 15(d)(i),鈥痽ou鈥痬ust do so at this stage.鈥�鈥�听

听Information about鈥痶he hirer鈥痶o鈥痵hare with the work-seeker听

Requirement	What this means
Identity of the hirer.	The name of your client.	听
Nature of the hirer鈥檚 business.	A brief description of your client鈥檚 business.	听
Start date.	The date on which the work will鈥痵tart.	听
Duration of assignment.	This is the length of time the assignment is expected to last or an end date. If鈥痶here鈥檚听no fixed end date, you could detail that the work will be ongoing, but the likely duration must still be鈥痵tated.	听
The position to be filled.	Job title.	听
The type of work that the worker is expected to undertake.	A summary of the duties that the work-seeker will be expected to听do听during the assignment.	听
Location.	This is the location where the work-seeker will be expected to do the assignment.	听
Days and hours of work.	Detail the days and hours that the work-seeker will be expected to work.	听
Any known health or safety risks.	You鈥檙e required to鈥痶ell the work-seeker information you have from the hirer鈥痑bout鈥痥nown health or safety risks.鈥疻here there are no known risks, this must be communicated to the work-seeker. Where there are known risks, you must also detail what steps are being taken by the hirer to prevent or control these risks.	听
Any experience, training, qualifications听and authorisations听deemed听necessary by the hirer or required by law or any professional body.	Detail any experience, training, qualifications or authorisations that are required by the hirer, a professional body or the law for the work鈥憇eeker to work in the assignment.	听
Rate of pay.	If you have not already agreed an exact rate of pay within your terms of engagement, you must do so here.	听
Expenses payable by or to the worker.	You should also note any expenses that will be鈥痯ayable by or to the work-seeker.	听

Further obligations for employment agencies

Requirement	What this means
The鈥痬inimum鈥痳ate of鈥痳emuneration鈥痑nd other benefits payable to the worker.	Detail the鈥痬inimum鈥痑mount of pay that the hirer will be prepared to pay to the work-seeker, along with any benefits.
The intervals of pay.	Detail the frequency that the work-seeker will get wages.
The notice period the worker is entitled to receive and give to鈥痶erminate鈥痚mployment with the hirer.	How much notice the work-seeker has to give and is entitled to receive to bring their employment to an end.

Additional requirements where professional qualifications or authorisation is鈥痳equired,鈥痮r where work-seekers are to work with vulnerable persons

Regulation 22 requires the employment business to get copies of a work-seeker鈥檚 qualifications or authorisations that they are required by law or a professional body to hold, to鈥痺ork in the position.

The copies must be offered to be provided to the hirer before the work-seeker is supplied or introduced to them.

Right to work听authorisation is required by law. You must鈥痓e able to show鈥痶hat you have copies of the documents you used to confirm a鈥痺ork-seeker鈥檚 right鈥痶o鈥痺ork. You must鈥痑lso be able to show that you offered copies of the documents to the hirer.

This regulation also sets out鈥痑dditional鈥痳equirements if work-seekers are to work with vulnerable people.鈥�鈥�

A vulnerable person is defined in the Conduct Regulations鈥痑s 鈥渁ny person who by reason of age, infirmity, illness,鈥痙isability鈥痮r any other circumstance鈥痠s in need of鈥痗are or attention and鈥痠ncludes any person under the age of 18鈥�.

Before introducing or supplying a work-seeker to a role where they鈥檒l be working with vulnerable people, employment businesses and employment agencies must:

• get 2 written references from people who are not related to the work-seeker and who have agreed that their reference can be shared with the hirer
• get copies of required qualifications and authorisations required by law, professional body or the hirer.鈥�鈥疶his could include听DBS certificates, professional registrations鈥痮r any other statutory or role鈥憇pecific authorisations. You鈥檙e required to鈥痮ffer copies of these documents and references to the hirer before introducing or supplying the work鈥憇eeker

If you cannot get all the required information鈥�鈥�听

If you have not been able to听get听all required references or qualification documents, you may still introduce or supply the worker if you can鈥痵how鈥痶hat you told the hirer:鈥�鈥�听

• what information you听were not able to听get听
• the steps you took to get it听
• they can see the documents you did get

This makes the hirer aware鈥痶hey would鈥痓e accepting a worker 鈥榓t risk鈥�.

Advertising roles

Regulation 27 requires that in every advert, employment agencies and employment businesses make their full name of business clear. You must also say whether the role being advertised is temporary or permanent.鈥�鈥�听

There are further requirements when advertising specific job roles. You must not advertise any role unless you have:听

• information about all the specific positions included in the ad
• written authority from the hirer to find work-seekers for each role being听advertised

If you post a generic ad for workers, for no鈥痯articular hirer,听you鈥痙o not听need听to鈥痟ave the authority of the hirer or have information about the roles being advertised.

If you refer to a rate of pay,听you听must also say:鈥�鈥�听

• the nature of the work鈥�鈥�听
• the location鈥�鈥�听
• the minimum experience,鈥痶raining鈥痑nd qualifications the work-seeker needs to have to receive those rates of pay

搁别肠辞谤诲蝉鈥�舛寞听

Regulation 29鈥痯rovides听that employment agencies and businesses听must keep records that are sufficient to show that听you鈥檝e鈥痗omplied with鈥痑ll the provisions of the Act and the Conduct Regulations.鈥�鈥�鈥�听

You must keep information听about:鈥�鈥�听

• work-seekers you provide work-finding services to鈥�鈥�听
• hirers you introduce or supply work-seekers to

These records must be kept for at least 12 months after their creation and鈥痳etained鈥痜or at鈥痩east 12 months following the date that you last provided work-finding services to either a work-seeker or hirer.

You can keep records either at the premises where you trade or elsewhere, as long as they鈥檙e accessible and can be delivered to the trading premises to which they relate if requested by an听FWA听compliance inspector.

If the records are kept elsewhere, they must be delivered by no later than the end of the second business day following the day on which a request for them is made.鈥�鈥�听

You鈥痑re not required to鈥痥eep details of a work-seeker if you take no action to find work for them. For example, if you receive a high volume of鈥痵peculative CVs that are not used, records do not need to be鈥痥ept鈥痮n these鈥痺ork-seekers.

Further听information and guidance听听

There鈥檚听a collection of information about the obligations of employment agencies and employment businesses.

You can contact us by:

• email, at听contact@fairworkagency.gov.uk听听
• post, at听FWA听Operations, Compliance Team, Old Admiralty Building,听Admiralty Place, London, SW1A 2DY听
• phone, on 0345 161 6000

Monday to Friday, 9am to 5pm (except public holidays)听

Find out about call charges

Other organisations that can help

Advisory, Conciliation and Arbitration Service

The Advisory, Conciliation and Arbitration Service (Acas) provides free and impartial information and advice to agencies, employers,听workers听and employees on all aspects of workplace relations and employment law. They also provide training and tailored advice to employers.听听

鈥� for more information, or call 0300 123 1100.