| Guvnor

Made under: Employment Agencies Act 1973
Enforced by: Fair Work Agency
Status: Amended (in force with amendments)
Penalty ceiling: Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Trader22 Any Person3 Client2 Employer2

Plus 1 duty on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Trader — also bound by 825 other Acts

Value Added Tax Regulations 1995 416 duties

Companies Act 2006 243 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 133 duties

Companies Act 1985 85 duties

Insolvency (England and Wales) Rules 2016 62 duties

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Client — also bound by 62 other Acts

Construction (Design and Management) Regulations 2015 32 duties

The Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025 19 duties

Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 17 duties

Building Regulations (Northern Ireland) 2012 14 duties

Building Regulations 2010 12 duties

Employer — also bound by 682 other Acts

The Income Tax (Pay As You Earn) Regulations 2003 241 duties

Provision and Use of Work Equipment Regulations 1998 120 duties

TULRCA 1992 72 duties

Income Tax (Earnings and Pensions) Act 2003 54 duties

Employment Rights (Northern Ireland) Order 1996 (current NI employment law) 53 duties

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

GENERAL AND INTERPRETATION

0 of 4 sections shown

4 other sections in this Part — procedural and definitional

s.001 Citation and commencement

s.002 Interpretation

s.003 The meaning of “ connected ”

s.004 Transitional and Saving Provisions and Revocation

Part 2

GENERAL OBLIGATIONS

5 of 8 sections shown

s.005 Restriction on use of additional services Regulated

Do not charge for work-finding services or force additional servicesTrader

s.006 Restriction on detrimental action relating to work-seekers working elsewhere Regulated

Do not penalise work-seekers for leaving or working elsewhereTrader

s.007 Restriction on providing work-seekers in industrial disputes Regulated

Do not supply temporary workers to cover for striking employeesTrader

s.010 Restriction on charges to hirers Regulated

Offer a trial hire period before charging a temp-to-perm transfer feeTrader

s.012 Prohibition on employment businesses withholding payment to work-seekers on certain grounds Regulated

Do not withhold pay from agency workersTrader

3 other sections in this Part — procedural and definitional

s.008 Restriction on paying work-seekers' remuneration

s.009 Restriction on agencies and employment businesses purporting to act on a different basis

s.011 Entering into a contract on behalf of a client

Part 3

REQUIREMENTS TO BE SATISFIED BEFORE SERVICES ARE PROVIDED

5 of 6 sections shown

s.013 Notification of charges and the terms of offers Regulated

Notify work-seekers of all fees, charges, and refund termsTrader

s.014 Requirement to obtain agreement to terms with work-seekers: Employment Businesses Regulated

Agree and provide written terms to work-seekersTrader

s.015 Content of terms with work-seekers: Employment businesses Regulated

Include specific terms in contracts with work-seekersTrader

s.016 Requirement to obtain agreement to terms with work-seekers and content of terms with work-seekers: Agencies Regulated

Agree and provide written terms to work-seekers before providing servicesAny Person

s.key information document: employment businesses Key information document: Employment businesses Regulated

Give workers a key information document before agreeing termsTrader

1 other section in this Part — procedural and definitional

s.017 Requirement for employment businesses to obtain agreement to terms with hirers

Part 4

REQUIREMENTS TO BE SATISFIED IN RELATION TO THE INTRODUCTION OR SUPPLY OF A WORK-SEEKER TO A HIRER

5 of 5 sections shown

s.018 Information to be obtained from a hirer Regulated

Obtain specific information from hirers before supplying workersTrader

s.019 Confirmation to be obtained about a work-seeker Regulated

Verify work-seeker identity, qualifications, and willingness to workTrader

s.020 Steps to be taken for the protection of the work-seeker and the hirer Regulated

Check suitability and legal requirements before supplying workersTrader

s.021 Provision of information to work-seekers and hirers Regulated

Provide required information to work-seekers and hirersTrader

s.022 Additional requirements where professional qualifications or authorisation are required or where work-seekers are to work with vulnerable persons Regulated

Verify qualifications and check references for vulnerable person rolesTrader

Part 5

SPECIAL SITUATIONS

2 of 2 sections shown

s.023 Situations where more than one agency or employment business is involved Regulated

Follow strict rules when using other agencies to provide staffTrader

s.024 Situations where work-seekers are provided with travel or required to live away from home Regulated

Follow strict rules for work-seekers' travel and accommodationTrader

Part 6

CLIENT ACCOUNTS AND CHARGES TO WORK-SEEKERS

0 of 2 sections shown

2 other sections in this Part — procedural and definitional

s.025 Client accounts

s.026 Circumstances in which fees may be charged to work-seekers

Part 7

MISCELLANEOUS

6 of 9 sections shown

s.027 Advertisements Regulated

Ensure recruitment advertisements contain specific required informationTrader

s.028 Confidentiality Regulated

Protect the confidentiality of work-seekers' informationTrader

s.029 Records Regulated

Keep records of work-seekers and hirers for at least one yearTrader

s.030 Civil liability Regulated

Liability for damages caused by breaking agency regulationsTrader

s.031 Effect of prohibited or unenforceable terms and recoverability of monies Regulated

Refund money paid under unenforceable contract termsClient

s.034 Review Regulated

Other duties (1) — Crown / regulator

Secretary of State must review agency conduct regulations every five yearsCrown / Minister / Government department

3 other sections in this Part — procedural and definitional

s.032 Application of the Regulations to work-seekers which are incorporated

s.033 Electronic and other communications

s.advertising in ... eea states Advertising in ... EEA states

Schedules

7 of 48 shown

s.sch001 (1) In regulations 7 (restriction on providing work-seekers in industrial... Regulated

Obtain hirer's agreement to varied contract terms before providing servicesTrader

s.sch002 (1) Every agency who at any time during an accounting... Regulated

Have client accounts inspected and reported on within 10 monthsEmployer

s.sch002 (1) Every agency required to maintain a client account or... Regulated

Keep client account records for at least six yearsClient

s.sch002 Where an agency holds money relating to a single client... Regulated

Account to clients for interest on money held over 10 daysAny Person

s.sch002 An agency which holds or receives money which includes client’s... Regulated

Handle client money: split or pay into client account within 2 business daysAny Person

s.sch002 (1) Every agency shall at all times keep properly written... Regulated

Keep proper accounts and records for client moneyEmployer

s.sch004 In the case of an employment business, any key information... Regulated

Keep copies of key information documents given to agency workersTrader

41 other schedules

s.sch001 In this Schedule— “the 1976 Regulations” means the Conduct of...

s.sch001 (1) Subject to the following provisions of this paragraph, these...

s.sch001 (1) During the transitional period, regulations 2(2) (non-disclosure of information),...

s.sch001 (1) Regulation 8 (restriction on paying work-seekers' remuneration) shall not...

s.sch001 (1) Regulations 8 and 12 of the 1976 Regulations (records)...

s.sch002 In this Schedule unless the context otherwise requires— the expressions...

s.sch002 (1) The accounting period shall, for the purpose of paragraph...

s.sch002 Maintenance of client accounts

s.sch002 An agency may pay into a client account—

s.sch002 An agency shall not pay into a client account any...

s.sch002 An agency may withdraw from a client account—

s.sch002 (1) No money drawn from a client account under paragraph...

s.sch002 No sum shall be transferred from the ledger account of...

s.sch003 Schedule 3 para.wrapper1n2

s.sch003 Schedule 3 para.wrapper2n2

s.sch003 Schedule 3 para.wrapper3n2

s.sch003 Schedule 3 para.wrapper4n2

s.sch004 Date application received.

s.sch004 In the case of an agency that is permitted to...

s.sch004 Details of enquiries made under regulations 19, 20 and 22...

s.sch004 Work-seeker’s name, address and, if under 22, date of birth....

s.sch004 Any terms which apply or will apply between the agency...

s.sch004 Details of the work-seeker’s training, experience, qualifications, and any authorisation...

s.sch004 Details of any requirements specified by the work-seeker in relation...

s.sch004 Names of hirers to whom the work-seeker is introduced or...

s.sch004 Details of any resulting engagement and date from which it...

s.sch004 Copy of any contract between the work-seeker and any hirer...

s.sch004 Date application withdrawn or contract terminated (where applicable).

s.sch005 Date application received.

s.sch005 Details of each resulting engagement and date from which it...

s.sch005 Dates of requests by the agency or employment business for...

s.sch005 Hirer’s name and address, and location of employment if different....

s.sch005 Details of the position(s) the hirer seeks to fill.

s.sch005 Duration or likely duration of work.

s.sch005 Experience, training, ability, qualifications, and authorisation required by the hirer,...

s.sch005 The terms offered in respect of the position(s) the hirer...

s.sch005 Copy of the terms between the agency or employment business...

s.sch005 Names of work-seekers introduced or supplied.

s.sch005 Details of enquiries under regulations 18 and 20 about the...

s.sch006 Names of any other agencies or employment businesses whose services...

s.sch006 Date and copy of any agreement under regulation 23(1)(b).

Help complying

Guvnor’s practical routes through this instrument.

Manage your employees

A comprehensive journey for UK employers covering the full employment lifecycle - from ongoing payroll and compliance duties through to managing workforce …

Run a retail business

Ongoing compliance and operational guidance for established retail businesses

3 more guides that reference this instrument

Employment agency business: compliance checklist Meet your employment agency regulatory duties Engage and manage agency workers

Connected legislation

The wider family of instruments made under the same parent Act.

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.