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Employment Agencies Act 1973
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Employment Agencies Act 1973, Section 3A is up to date with all changes known to be in force on or before 26 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 3A:
- s. 9(4)(a)(iv) words repealed by 1999 c. 26 Sch. 7 para. 4(6) Sch. 9(8)
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 9(4)(a)(iv) words repealed by 1999 c. 26 Sch. 7 para. 4(6) Sch. 9(8)
F13A[ Power to make orders.]E+W+S
(1)On application by the Secretary of State, an [F2employment tribunal] may by order prohibit a person from carrying on, or being concerned with the carrying on of—
(a)any employment agency or employment business; or
(b)any specified description of employment agency or employment business.
(2)An order under subsection (1) of this section (in this Act referred to as “a prohibition order”) may either prohibit a person from engaging in an activity altogether or prohibit him from doing so otherwise than in accordance with specified conditions.
(3)A prohibition order shall be made for a period beginning with the date of the order and ending—
(a)on a specified date, or
(b)on the happening of a specified event,
in either case, not more than ten years later.
(4)Subject to subsections (5) and (6) of this section, an [F2employment tribunal] shall not make a prohibition order in relation to any person unless it is satisfied that he is, on account of his misconduct or for any other sufficient reason, unsuitable to do what the order prohibits.
(5)An [F2employment tribunal] may make a prohibition order in relation to a body corporate if it is satisfied that—
(a)any director, secretary, manager or similar officer of the body corporate,
(b)any person who performs on behalf of the body corporate the functions of a director, secretary, manager or similar officer, or
(c)any person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act,
is unsuitable, on account of his misconduct or for any other sufficient reason, to do what the order prohibits.
(6)An [F2employment tribunal] may make a prohibition order in relation to a partnership if it is satisfied that any member of the partnership, or any manager employed by the partnership, is unsuitable, on account of his misconduct or for any other sufficient reason, to do what the order prohibits.
(7)For the purposes of subsection (4) of this section, where an employment agency or employment business has been improperly conducted, each person who was carrying on, or concerned with the carrying on of, the agency or business at the time, shall be deemed to have been responsible for what happened unless he can show that it happened without his connivance or consent and was not attributable to any neglect on his part.
(8)A person shall not be deemed to fall within subsection (5)(c) of this section by reason only that the directors act on advice given by him in a professional capacity.
(9)In this section—
“director”, in relation to a body corporate whose affairs are controlled by its members, means a member of the body corporate; and
“specified”, in relation to a prohibition order, means specified in the order.
Textual Amendments
F1S. 3A inserted (3.1.1995) by 1994 c. 40, s. 35, Sch. 10 Pt. I para. 1(3); S.I. 1994/3188, arts. 2, 3
F2Words in s. 3A(1)(4)-(6) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a); S.I. 1998/1658, art. 2(1), Sch. 1
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