Statutory Rules of Northern Ireland
2008 No. 76
employment
The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations (Northern Ireland) 2008
Laid before the Assembly in draft
Made
28th February 2008
Coming into operation
6th April 2008
The Department for Employment and Learning(1), in exercise of the powers conferred by Articles 6(1), 7(1) and 10(1) of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981(2) and now vested in it(3), and having consulted such bodies as appear to it to be representative of the interests concerned, makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations (Northern Ireland) 2008 and shall come into operation on 6th April 2008.
Amendment of the Conduct of Employment Agencies and Employment Businesses Regulations (Northern Ireland) 2005
2. The Conduct of Employment Agencies and Employment Businesses Regulations (Northern Ireland) 2005(4) are amended as follows.
3. In regulation 5 (restriction on requiring work-seekers to use additional services)—
(1) for the heading, substitute “Restriction on use of additional services”.
(2) the existing provision becomes subsection (1), and after that subsection insert—
“(2) Where the work-seeker uses services for which the Order does not prohibit the charging of a fee, an agency or employment business providing or making provision for such services shall ensure that the work-seeker is able to cancel or withdraw from those services at any time without incurring any detriment or penalty, subject to the work-seeker giving to the provider of those services in paper form or by electronic means notice of 5 business days or, for services relating to the provision of living accommodation, notice of 10 business days.”.
4. In regulation 13 (notification of charges and the terms of offers) at paragraph (1)(b)(iii) after “relates” insert “and a statement of the work-seeker’s right to cancel or withdraw from the service and the notice period required”.
5. In regulation 21 (provision of information to work-seekers and hirers)—
(1) in paragraph (1) substitute “paragraph (3)” with “paragraphs (3), (4) and (5)”.
(2) after paragraph (3) insert—
“(4) Subject to paragraphs (3) and (5), where an employment business intends to introduce or supply a work-seeker to a hirer for an assignment of 5 consecutive business days’ duration or less—
(a)paragraph (1)(a)(i) may be satisfied by the employment business giving to the hirer (whether orally or otherwise) the name of the work-seeker to be supplied and a written confirmation by the employment business that it has complied with regulation 19; and
(b)paragraph (1)(b) may be satisfied, where the employment business has previously provided the work-seeker with the information referred to under that paragraph and that information remains unchanged, by the employment business giving to the work-seeker in paper form or by electronic means the information referred to in regulation 18(a) to (b).
(5) Where, after it has started, an assignment to which paragraph (4) applies is extended beyond a duration of 5 business days, the information referred to in paragraph (1) which has not already been provided shall be provided in paper form or by electronic means by the end of the eighth business day of the assignment, or by the end of the assignment if sooner.”.
6. In regulation 26 (circumstances in which fees may be charged to work-seekers)—
(1) at the end of paragraph (5)(c) substitute the full stop with “; and”.
(2) after paragraph (5)(c) insert—
“(d)where an agency proposes to include information about a work-seeker in a publication for 7 days from the date of the agency and work-seeker entering into any contract, whether written or oral and whether or not expressly mentioning fees permitted under this paragraph—
(i)no fee permitted under this paragraph shall be payable by the work-seeker;
(ii)the work-seeker shall be entitled without detriment or penalty to cancel or withdraw from any such contract with immediate effect by informing the agency of such cancellation or withdrawal; and
(iii)the agency shall not include the information in the publication.”.
7. In regulation 28(1) substitute “Neither” with “Subject to regulation 20 neither”.
8. In regulation 32 (application of the regulations to work-seekers which are incorporated)—
(1) for paragraph (2), substitute the following:
“(2) In regulation 5 after “upon the work-seeker” insert—
“, or the person who is or would be supplied by the work-seeker to carry out the work”.”.
(2) for paragraph (9), substitute the following:
“(9) Subject to paragraph (12), paragraphs (1) to (8) shall not apply where, before an employment business or agency introduces or supplies to a hirer a work-seeker which is a company—
(a)the work-seeker and the person who is or would be supplied by that work-seeker to carry out the work agree that those paragraphs should not apply, and give notice of that agreement to the employment business or agency; and
(b)the employment business or agency proposing to introduce or supply that work-seeker and person to a hirer informs the hirer of such agreement.”.
9. In Schedule 3, after “make up artist,” insert “clothes, hair or make up stylist,”.
Sealed with the Official Seal of the Department for Employment and Learning on 28th
February 2008.
Sir Reg Empey
Minister for Employment and Learning
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Conduct of Employment Agencies and Employment Businesses Regulations (Northern Ireland) 2005 (“the 2005 Regulations”).
These Regulations make further provision for the proper conduct of employment agencies and employment businesses; they increase protection for work-seekers, reduce certain regulatory burdens on employment businesses and also make minor clarifications to the 2005 Regulations.
Regulation 3 amends the heading and substance of regulation 5 so that an agency or employment business must ensure that a work-seeker who takes up additional services will be able to give notice to cancel or withdraw from those services without incurring any detriment or penalty.
Regulation 4 amends regulation 13 so as to require an agency or employment business to give a work-seeker a statement of his right to cancel or withdraw from additional services.
Regulation 5 amends regulation 21 to provide that an employment business intending to send a work-seeker to a hirer on a short assignment is required to provide only basic information to a hirer and work-seeker.
Regulation 6 amends regulation 26 increasing the protection available to work-seekers where agencies propose to charge fees for the inclusion of information about them in a publication.
Regulation 7 amends regulation 28(1) of the 2005 Regulations to clarify its relationship with regulation 20.
Regulation 8 makes minor clarifying changes to regulation 32 of the 2005 Regulations.
Regulation 9 amends Schedule 3 to the 2005 Regulations by inserting additional occupations.
Formerly the Department of Higher and Further Education, Training and Employment, see the Department for Employment and Learning Act (Northern Ireland) 2001 c. 15
S.I. 1981/839 (N.I. 20); Articles 6(1) and 7(1) were amended by Article 30 and Schedule 7 to the Employment Relations (Northern Ireland) Order 1999 (S.I. 1999/2790 (N.I. 9))
See Article 3 of the Departments (No. 2) (Northern Ireland) Order 1982 (S.I. 1982/846 (N.I. 11)) and Article 4(b) and Part II of Schedule 2 to the Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999 No. 481)