Employment Agency Standards (EAS) has issued new guidance for agency workers seeking to make complaints about a recruitment business. Although aimed primarily at agency workers, the guidance is also important for recruitment businesses in understanding what compliance may involve, and how it will be handled.
EAS are the official government body responsible for enforcing the Conduct of Employment Agencies and Employment Businesses Regulations (Conduct Regulations). The EAS have the power to inspect recruitment businesses and can also deal with complaints raised by agency workers.
EAS Guidance
The guidance provides useful information about the types of complaints that EAS can deal with, and what they cannot. The most common reason for a complaint from an agency worker concerns the withholding of pay, whether due to non-payment by a hirer, lack of an authorised time sheet, or other reasons, and in some cases holiday pay being withheld. EAS does not have any jurisdiction over other matters such as the Agency Workers Regulations, the Working Time Regulations or other employment-related matters such as discrimination or dismissal.
If a worker makes a complaint, then EAS have the power to investigate that complaint on their behalf, but this could also result in a more general inspection. If a breach is confirmed, then EAS are likely to order that the business remedies that breach but also have powers to take strong action, including prosecution in the most serious cases.
Lawspeed and its associated trade body Association of Recruitment Consultancies (ARC) work closely with EAS and other relevant government bodies and can provide advice regarding any aspect of compliance with the Conduct Regulations or employment law. Lawspeed can also provide commercially protective and compliant contracts supported by their unique contract maintenance (updating) service and Online Contract Management Platform- Proterms.
For more information, or expert advice on any recruitment or employment law matter, please contact us on 01273 236 236 or email us at info@lawspeed.com.
