Use this checklist to confirm your employment agency or employment business meets its obligations. Work through each item and answer yes or no. If you answer no, follow the linked guide before you proceed.

Workplace health and safety is enforced by the Health and Safety Executive in Great Britain and by HSENI in Northern Ireland. Fire safety is devolved — the Regulatory Reform (Fire Safety) Order 2005 in England and Wales, with separate regimes in Scotland and Northern Ireland. The Employment Agencies Act and Conduct Regulations are enforced by the Fair Work Agency across Great Britain. Agency worker equal treatment rights apply across the UK — the Agency Workers Regulations 2010 in Great Britain and the equivalent Agency Workers Regulations (Northern Ireland) 2011. Gangmasters licensing applies UK-wide.

Section 1 — Every employment agency (operation and people)

These workplace and employment duties apply to every employment agency and employment business, whatever type of placements or assignments you handle. Confirm each one.

Health and Safety at Work etc. Act 1974 (HASAWA)

The Health and Safety at Work etc. Act 1974 - primary UK workplace health and safety legislation establishing employer and employee duties. Pure data reference.

The Health and Safety at Work etc. Act 1974 (HASAWA 1974) is the primary legislation governing workplace health and safety in the United Kingdom. It establishes the legal framework for protecting the health, safety and welfare of people at work and those affected by work activities.

Legal status: Primary legislation - principal UK health and safety statute
Royal Assent: 31 July 1974
Came into force: 1 April 1975 (in stages)
Geographic scope: Great Britain (separate legislation applies in Northern Ireland)
Applies to: All employers, employees, self-employed persons, and those who control work premises
Primary duty (Section 2): Employers must ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees
Duty to non-employees (Section 3): Employers must protect persons not in their employment (contractors, visitors, public) who may be affected by work activities
Employee duties (Sections 7-8): Employees must take reasonable care for their own health and safety and that of others, cooperate with employers, and not misuse safety equipment
Enforcement authority: Health and Safety Executive (HSE) and local authorities
Maximum penalties (post-2008 amendments): Unlimited fines in Crown Court; imprisonment up to 2 years for individuals; up to 6 months and/or £20,000 fine in Magistrates' Court
Referenced by regulators: Cited in 31 regulatory documents in the ORDS (Office for Regulatory Delivery and Simplification) dataset
Secondary regulations: Enables creation of health and safety regulations (e.g. Management of Health and Safety at Work Regulations 1999, COSHH, Manual Handling)

Reasonably practicable: The Act uses the term "so far as is reasonably practicable" throughout. This means employers must balance the level of risk against the time, trouble and cost of controlling it. However, the law is weighted in favour of health and safety - employers must demonstrate that control measures would be grossly disproportionate to the risk before they can be considered not reasonably practicable.

Self-employed persons: The Act also places duties on self-employed persons to protect their own health and safety and that of others who may be affected by their work activities.

Health and Safety at Work etc. Act 1974 (legislation.gov.uk)

HSE - Health and Safety at Work etc. Act 1974 guidance

1

Have you written your risk assessments and put safe systems of work in place?

Your general duty under the Health and Safety at Work etc. Act 1974 is to ensure, so far as is reasonably practicable, the health, safety and welfare of your people. Risk-assess your office premises — display screen equipment, workstation ergonomics, lone working for consultants visiting client sites, and slips and trips in reception and interview areas — and put safe systems of work, training and supervision in place. If not, follow "Set up and run a safe employment agency".
2

Have you carried out your fire risk assessment?

Assess fire risk for your office premises under the fire-safety regime for your nation.
3

Do you hold employers' liability insurance?

Hold at least £5 million of cover once you employ anyone and display or make available the certificate.
4

Do you meet your equality and data protection duties?

Do not discriminate under the Equality Act 2010 (or separate NI equality law enforced by the ECNI), including in how you treat work-seekers. Comply with the UK GDPR and Data Protection Act 2018, registering with the ICO unless exempt. This is particularly important given the volume of candidate personal data — including CVs, right-to-work documents and references — that employment agencies process.

Section 2 — Employment agency conduct, agency workers and gangmasters

Complete this section for the sector-specific duties that apply to your employment agency or employment business. Confirm each one.

1

Have you agreed and recorded written terms with every work-seeker and hirer?

The Conduct of Employment Agencies and Employment Businesses Regulations 2003 require you to agree and record terms with both work-seekers (regulations 14-15) and hirers before you provide services. You must also provide temporary workers with a Key Information Document. If not, follow "Meet your employment agency regulatory duties".
2

Are you complying with the ban on fees to work-seekers?

The Employment Agencies Act 1973 bans charging most fees to work-seekers. A narrow exception applies to entertainment and modelling work. The Fair Work Agency can seek a prohibition order barring a person from running an agency for up to 10 years.
3

If you supply temporary workers, do you meet the Agency Workers Regulations?

Agency workers are entitled to equal treatment — the same basic working and employment conditions as if directly recruited by the hirer — after a 12-week qualifying period in the same role with the same hirer. Day-one rights (access to collective facilities and vacancy information) apply from the first day. Do not structure assignments to defeat these rights.
4

If you supply workers to agriculture, horticulture, shellfish gathering or associated food processing and packaging, do you hold a gangmasters licence?

A gangmasters licence is required only if you supply workers to the regulated sectors. General recruitment agencies placing office workers, IT contractors, healthcare staff or workers in any other sector do not need one. Operating without a licence where one is required is a criminal offence — up to 10 years' imprisonment.

If you answered no to anything

Work through the guide linked in that item. The two task guides — the safe-employment-agency spine and sector-specific regulatory duties — set out what to do. Start from the router if you are not sure which apply to you.

Official sources

Authoritative employment agency regulation, health and safety, and data-protection guidance.

Employment agency business: compliance checklist

Meet your employment agency regulatory duties

Fire safety duties for Northern Ireland businesses

Fire safety duties for Scottish businesses

Set up a limited company

Persons with Significant Control (PSC) register requirements

Section 1 — Every employment agency (operation and people)

Have you written your risk assessments and put safe systems of work in place?

Have you carried out your fire risk assessment?

Do you hold employers' liability insurance?

Do you meet your equality and data protection duties?

Section 2 — Employment agency conduct, agency workers and gangmasters

Have you agreed and recorded written terms with every work-seeker and hirer?

Are you complying with the ban on fees to work-seekers?

If you supply temporary workers, do you meet the Agency Workers Regulations?

If you supply workers to agriculture, horticulture, shellfish gathering or associated food processing and packaging, do you hold a gangmasters licence?

If you answered no to anything

Official sources

Related guides in Compliance & Legal

Section 1 — Every employment agency (operation and people)

Have you written your risk assessments and put safe systems of work in place?

Have you carried out your fire risk assessment?

Do you hold employers' liability insurance?

Do you meet your equality and data protection duties?

Section 2 — Employment agency conduct, agency workers and gangmasters

Have you agreed and recorded written terms with every work-seeker and hirer?

Are you complying with the ban on fees to work-seekers?

If you supply temporary workers, do you meet the Agency Workers Regulations?

If you supply workers to agriculture, horticulture, shellfish gathering or associated food processing and packaging, do you hold a gangmasters licence?

If you answered no to anything

Official sources