5.—[F2(1)] Neither an agency nor an employment business may make the provision to a work-seeker of work-finding services conditional upon the work-seeker—
(a)using other services for which the Act does not prohibit the charging of a fee, or
(b)hiring or purchasing goods,
whether provided by the agency or the employment business or by any person with whom the agency or employment business is connected.
[F3(2) Where the work-seeker uses services for which the Act does not prohibit the charging of a fee, an agency or employment business providing or making provision for such services shall ensure that the work-seeker is able to cancel or withdraw from those services at any time without incurring any detriment or penalty, subject to the work-seeker giving to the provider of those services in paper form or by electronic means notice of five business days or, for services relating to the provision of living accommodation, notice of ten business days.]
[F4(3) In addition, where the work-seeker is seeking employment as an actor, background artist, dancer, extra, musician, singer or other performer or as a photographic or fashion model and that work-seeker uses a service, for which the Act does not prohibit the charging of a fee, which includes the production of a photographic image or audio or video recording of the work-seeker, an agency or employment business providing or making provision for such service shall ensure that, for 30 days from the date of the agency or employment business entering into a contract for such a service whether written or oral—
(a)the agency or the employment business shall not charge a fee to a work-seeker for that part of the service which consists of providing or making provision for a photographic image or audio or video recording of the work-seeker; and
(b)the work-seeker shall be entitled without detriment or penalty to cancel or withdraw from any contract with the agency or employment business for such a service with immediate effect by informing the agency or employment business of cancellation or withdrawal and where the work-seeker informs the agency or employment business of cancellation or withdrawal the work-seeker has no obligation to make any payment under the contract.
(4) Paragraphs (2) and (3) do not apply to a service for which a fee may be charged by virtue of regulation 26(1).]
Textual Amendments
F1Reg. 5 heading substituted (6.4.2008) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2007 (S.I. 2007/3575), regs. 1, 3(a)
F2Reg. 5 renumbered as reg. 5(1) (6.4.2008) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2007 (S.I. 2007/3575), regs. 1, 3(b)
F3Reg. 5(2) inserted (6.4.2008) by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2007 (S.I. 2007/3575), regs. 1, 3(b)