Regulation 2 creates a new requirement that affects how vacancies for jobs in Great Britain are advertised. Employment agencies and employment businesses that wish to advertise such vacancies elsewhere in the EEA will also have to advertise them in English in Great Britain unless they believe, on reasonable grounds, that doing so would be disproportionate. Breach of the new requirement will constitute a criminal offence (under section 5 of the Employment Agencies Act 1973) and may also give rise to an action in damages. Another possible sanction is that the Secretary of State may invoke section 3A of the Employment Agencies Act 1973 (which provides for the Employment Tribunal, on application by the Secretary of State, to make an order prohibiting an individual or individuals from running or being involved in the running of an employment agency or employment business for up to 10 years).

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk.