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The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2014
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- 2014 No. 3351
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Amendment to the Conduct of Employment Agencies and Employment Businesses Regulations 2003
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2. After regulation 27 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003(1) insert—
“Advertising in other EEA states
27A.—(1) An agency or employment business must not advertise a GB vacancy in an EEA state other than the United Kingdom unless—
(a)it advertises the vacancy in English in Great Britain at the same time as it advertises the vacancy in the other EEA state; or
(b)it has advertised the vacancy in English in Great Britain in the period of 28 days ending with the day on which it advertises the vacancy in the other EEA state.
(2) Paragraph (1) does not apply if the GB vacancy is for a worker to act solely for, and under the control of, the agency or employment business itself.
(3) It is a defence in any proceedings under—
(a)section 5(2) of the Act(2), or
(b)regulation 30,
in respect of a contravention of paragraph (1) that the agency or employment business believes, on reasonable grounds, that advertising the GB vacancy in English in Great Britain would be disproportionate having regard to the likelihood that such advertising would result in an application from a person with the skills required to fill the vacancy.
(4) For the purposes of this regulation—
(a)references to advertising include causing to be advertised,
(b)advertising on a website is taken to be advertising in all places from which the website can be accessed,
(c)“a GB vacancy” means a vacant position the duties of which are ordinarily to be performed in Great Britain.”
(1)
S.I. 2003/3319; relevant amending instruments are S.I. 2007/3575, 2010/1782.
(2)
Section 5(2) was amended by the Employment Act 2008 (c.24) , section 15.
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