The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2010

Amendment to regulation 17

8.  For regulation 17 (requirement to obtain agreement to terms with hirers) substitute—

“Requirement for employment businesses to obtain agreement to terms with hirers

17.— (1) Before first providing services to a hirer, an employment business shall agree with the hirer the terms which apply or will apply between the employment business and the hirer, including—

(a) a statement that the employment business will operate as an employment business in relation to the hirer;

(b) details of any fee which may be payable by the hirer to the employment business including—

(i) the amount or method of calculation of such fee, and

(ii) the circumstances, if any, in which refunds or rebates are payable to the hirer, the scale of such refunds or rebates, and if no refunds or rebates are payable, a statement to that effect; and

(c) details of the procedure to be followed if a work-seeker introduced or supplied to the hirer proves unsatisfactory.

(2) The employment business shall ensure that all of the terms are recorded in one or more documents and that, unless the hirer has a copy, a copy is sent to the hirer as soon as is reasonably practicable.

(3) If the employment business and the hirer agree to any variation in the terms set out in the document referred to in paragraph (2), the employment business shall, unless the hirer has a copy of that document, as soon as is reasonably practicable, give to the hirer a document containing details of the variation and stating the date on or after which it is agreed that the varied terms are to take effect.”.