Section 83 Employment agencies and businesses: duty to refer
232.Employment agencies and businesses are similarly required to refer supply workers to the list under appropriate circumstances. Under subsection (2), an employment agency must make a referral where it has decided not to do any further business with the worker on the grounds of misconduct which harmed a vulnerable adult or placed him or her at risk of harm; or where on those grounds has decided not to find them any further employment as a supply worker. An employment business must refer where it has dismissed a supply worker on the grounds of misconduct which harmed, etc, a vulnerable adult; where the supply worker has retired or resigned but otherwise the employment business would have dismissed or considered dismissing him on those grounds; or where on those grounds it has decided not to supply him for further work in a care position (subsection (3)). The procedure the Secretary of State must follow after a referral is similar to that set out in section 82. Again, there is no requirement to refer in cases where the dismissal, resignation etc., or decision no longer to provide or supply the worker to fill a care position occurred before this section comes into force.
