A Roadmap to Compliance for Agencies

This is a guest blog by Chartergate

Engaging with Umbrella Companies: Part Four – The Conduct Regulations

The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the “Conduct Regulations”) came into force in April 2004 setting out rules and obligations that employment agencies and businesses must adhere to.  In particular, the rules focus on the tripartite relationship between the hirer, employment agency or business, and work-seeker.

Under the Conduct Regulations, when providing work-finding services, there are specific obligations owed directly to the work-seeker that must be fulfilled. In cases where the work-seeker is employed through an umbrella company, these obligations shift to the umbrella company, also known as the "incorporated work-seeker." Consequently, the employment business must depend on and trust the umbrella company to relay all relevant information to the individual performing the work.

Conduct Regulations 2003: Agency Risk

The Employment Agency Standards Inspectorate (EAS) is tasked with enforcing the Conduct Regulations. While EAS works with agencies and businesses to help them follow the regulations, they also have enforcement powers against those who breach them. These powers include securing undertakings to implement corrective actions, issuing enforcement orders, if these undertakings are not followed, and prosecuting those who disregard such orders, which can result in imprisonment for up to two years or fines. Additionally, EAS has the authority to apply for a prohibition order, which can bar a person from managing or being involved in an employment agency or business for up to ten years due to misconduct or unsuitability.

Roadmap to Compliance

Our roadmap to achieving compliance with the Conduct Regulations includes the following key steps:

1. Understand the Conduct Regulations in Detail: Begin by thoroughly familiarising yourself with the specific requirements of the Conduct Regulations. This includes knowing what information must be collected from, and provided to, both the hirer and the work-seeker, as well as the correct order and format in which this information needs to be shared.
2. Implement a Strong Registration Process: Establish a registration process that fully adheres to the Conduct Regulations. We recommend using a workflow to ensure compliance. For example, the first step in this workflow should be providing candidates with a Key Information Document, ensuring it is the first document shared during the registration process with the candidates.
3. Maintain Evidence for Every Step: Compliance must be supported by an audit trail. This includes maintaining records as proof that all necessary information has been obtained from the hirer, including but not limited to authorisation to advertise a post, and that this information has been provided to the candidate at the appropriate time. Failure to provide this evidence will be regarded as a breach of the Conduct Regulations  by EAS.