07 August 2014 #Employment
BIS has recently published a consultation that aims to tackle recruitment agencies that discriminate against workers in Great Britain by advertising exclusively overseas, as part of wider plans on illegal working and penalising unscrupulous employers.
Currently, under the legislation governing the recruitment sector, there are two legally defined types of business - employment agencies (often referred to as recruitment agencies) introduce work-seekers to be employed by a hirer directly, whereas employment businesses employ or engage people (usually referred to as agency workers or temps) to work under the supervision of another person.
The existing legislation applies to all employment agencies and employment businesses in England, Scotland and Wales and provides a framework for contracts between businesses and workers, as well as giving certain rights to work-seekers. However, it doesn’t regulate where vacancies must be advertised. The Government wants to create a “level playing field” by requiring all job vacancies to be advertised by such businesses in Great Britain and in English by amending the Conduct of Employment Agencies and Employment Businesses Regulations 2003 to specifically provide this.
The draft regulation would include a defence, though, so that it will not affect recruitment arrangements that can currently be justified under the Equality Act 2010.
If brought into force, the amendment will go further than the existing resident labour market test which only applies to non-EEA workers. To satisfy this test, employers much show that no suitable settled worker can do a job before offering it to a non-EEA worker by advertising it for 28 days.
If you would like to respond to the consultation you can do so online by completing the short form here: https://www.surveymonkey.com/s/VY827WX. There is a deadline of 2 September 2014 so get your responses in now if you want your voice heard!