83 Employment agencies and businesses: duty to refer.E+W
(1)A person who carries on an employment agency or an employment business (“the provider”) shall refer a supply worker to the Secretary of State if there is fulfilled—
(a)in the case of an employment agency, any of the conditions mentioned in subsection (2); or
(b)in the case of an employment business, any of the conditions mentioned in subsection (3).
(2)The conditions referred to in subsection (1)(a) are—
(a)that the provider has decided not to do any further business with the worker on grounds of misconduct (whether or not in the course of his employment) which harmed or placed at risk of harm a vulnerable adult;
(b)that the provider has decided on such grounds not to find the worker further employment, or supply him for further employment, in a care position.
(3)The conditions mentioned in subsection (1)(b) are—
(a)that the provider has dismissed the worker on the grounds of misconduct (whether or not in the course of his employment) which harmed or placed at risk of harm a vulnerable adult;
(b)that the worker has resigned or retired in circumstances such that the provider would have dismissed him, or would have considered dismissing him, on such grounds if he had not resigned or retired;
(c)that the provider has, on such grounds, decided not to supply the worker for further employment in a care position.
(4)If it appears from the information submitted with a reference under subsection (1) that it may be appropriate for the worker to be included in the list kept under section 81, the Secretary of State shall—
(a)determine the reference in accordance with subsections (5) to (7); and
(b)pending that determination, provisionally include the worker in the list.
(5)The Secretary of State shall—
(a)invite observations from the worker on the information submitted with the reference and, if he thinks fit, on any observations submitted under paragraph (b); and
(b)invite observations from the provider on any observations on the information submitted with the reference and, if he thinks fit, on any other observations under paragraph (a).
(6)Where the Secretary of State has considered the information submitted with the reference, any observations submitted to him and any other information which he considers relevant, the Secretary of State shall confirm the worker’s inclusion in the list if subsection (7) applies; otherwise he shall remove him from the list.
(7)This subsection applies if the Secretary of State is of the opinion—
(a)that the provider reasonably considered the worker to be guilty of misconduct (whether or not in the course of his employment) which harmed or placed at risk of harm a vulnerable adult; and
(b)that the worker is unsuitable to work with vulnerable adults.
(8)Nothing in this section shall require a person who provides care for vulnerable adults to refer a worker to the Secretary of State in any case where the dismissal, resignation or retirement took place or, as the case may be, the decision was made before the commencement of this section.
Modifications etc. (not altering text)
C1S. 83(4)-(7) applied (with modifications) (26.7.2004) by 1999 c. 14, s. 2C(2)(4)(5) (as inserted by 2000 c. 14, ss. 97(1), 122; S.I. 2004/1757, art. 2(b))