Statutory paternity pay
In this guide:
- Paternity leave and pay
- The right to paternity leave - births
- The right to paternity leave - adoptions and surrogacy arrangements
- Employee notification of paternity leave - births
- Paternity leave notification for adoptions and surrogacy
- The start and duration of paternity leave - births and surrogacy births
- The start and duration of paternity leave - adoptions
- Contractual issues during paternity leave
- Returning to work from paternity leave
- Paternity leave and protection against detriment or dismissal
- Statutory paternity pay
The right to paternity leave - births
Who qualifies for statutory paternity leave for births and how employers may offer enhanced leave rights.
An employee qualifies for paternity leave of up to two weeks and pay provided they meet certain conditions:
- the biological father of the child
- the husband or partner of the mother or adopter (this includes same-sex partners)
- the child's adopter
- the intended parent (if you're having a baby through a surrogacy arrangement)
- has, or expects to have, responsibility for the child's upbringing
A partner includes the spouse or civil partner of the pregnant woman and a person, of either sex, in a long-term relationship with her. The right applies whether the child is conceived naturally or through donor insemination.
In addition, they must:
- Have at least 26 weeks' continuous employment with you ending with the 15th week before the expected week of childbirth (EWC) - the qualifying week.
- Be working for you from the qualifying week up to the date of birth. If their contract ends before the birth, they do not qualify for paternity leave - unless they go on to work for an associated employer. If their contract ends after the birth of the baby, they retain their right to paternity leave (and pay if they qualify).
- Have notified you of their intention to take paternity leave - see employee notification of paternity leave - births.
- Be taking the time off to support the mother and/or care for the baby.
However, an employee will not qualify for paternity leave if they have previously taken shared parental leave in respect of the child.
You should treat the employee as having the necessary length of service if:
- the baby is born earlier than the 14th week before the EWC
- the birth hadn't occurred early, the employee would have been employed continuously by you for the 26 weeks
If you think the employee does not qualify for paternity leave and they dispute this, contact the Labour Relations Agency (LRA) Workplace Information Service on Tel 03300 555 300.
For more information on how much paternity leave eligible employees can take and when their leave can start, see the start and duration of paternity leave - births and surrogacy births.
For information on how eligible employees should notify you that they intend to take paternity leave, see employee notification of paternity leave - births.
Multiple births and paternity leave
Paternity leave remains at two weeks regardless of the number of children resulting from a single pregnancy.
Stillbirths and paternity leave
If an employee's wife or partner gives birth to a stillborn baby, they are still entitled to paternity leave - but only if the birth happens after 24 weeks of pregnancy.
Death of mother
The employee is still entitled to paternity leave if they would have been entitled to it but for the fact that the mother of the baby has died.
Miscarriage and paternity leave
Where a pregnancy ends before 24 weeks and the child does not survive, the father (or mother's spouse, civil partner, or partner) will not be eligible for paternity leave. They may take sick leave, or you could consider allowing them to take annual leave, compassionate leave, or unpaid leave instead.
Death of baby during or after the day of birth
If the baby is born alive but then later dies, the employee is still entitled to paternity leave. Bereaved parents are also entitled to up to 2 weeks of absence within the 56 weeks following the death of a child through parental bereavement leave. This leave can be used immediately before or after paternity leave or at any time within the 56-week period. See Parental Bereavement Leave and Pay.
Enhanced paternity leave
If you wish, you can have enhanced paternity leave arrangements to attract and retain employees, which are more generous than the statutory entitlements.
For example, you may consider allowing all employees to take two weeks of paternity leave - regardless of their length of service.
You can offer these arrangements either as a contractual right or on a discretionary, case-by-case basis. If exercising discretion, caution should be taken to avoid claims of unfair treatment or discrimination.
Shared parental leave and pay
In addition, fathers, spouses, civil partners, or partners may be eligible for shared parental leave and pay, which was introduced in Northern Ireland in April 2015.
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The right to paternity leave - adoptions and surrogacy arrangements
Who qualifies for statutory paternity leave for adoptions and surrogacy and how employers may offer enhanced leave rights.
To qualify for paternity leave, an employee must meet certain qualifying criteria. The criteria differ for UK and overseas adoptions.
The right to paternity leave - UK adoptions
An employee qualifies for paternity leave when adopting a child from the UK if they:
- Are the spouse, civil partner, or partner (including same-sex partner) who are adopting a child jointly, or are the spouse, civil partner, or partner of someone adopting a child individually. (This may, exceptionally, include cases where an adoption agency places a child with approved foster parents who are also approved, prospective adopters. The agency will supply the foster parents with the correspondence which can be shown to the employer explaining that they have met the relevant criteria for being matched with the child for the purposes of leave and pay and other entitlements open to adopters. The usual notification and service criteria will apply). A partner is someone who lives with the mother of the baby in an enduring family relationship but is not an immediate relative.
- Have - or expect to have - responsibility for the child's upbringing with the other joint adoptive parent or the individual adopter.
- Are not taking statutory adoption leave and pay.
- Have been continuously employed by you for at least 26 weeks ending with the week in which they are notified of having been matched with the child - the qualifying week. The qualifying week starts on a Sunday and ends on a Saturday.
- Continue to work for you from the qualifying week to the date of the child's placement.
- Notified you when they want to take paternity leave no more than seven days after the adopter is notified that they've been matched with a child.
- Will be taking time off to support the adopter and/or to care for the child. They cannot take paternity leave for any other purpose.
However, an employee will not qualify for paternity leave if:
- they have previously taken shared parental leave or pay in respect of the child, or
- they have availed of the right to take paid time off to attend pre-adoption appointments
If you think the employee doesn't qualify for paternity leave and they dispute this, contact the Labour Relations Agency (LRA) Workplace Information Service on Tel 03300 555 300.
The right to paternity leave - overseas adoptions
An employee qualifies for paternity leave when adopting a child from overseas if they:
- are either one of two parents jointly adopting a child or the spouse, civil partner, or partner of someone adopting a child individually
- have - or expect to have - responsibility for the child's upbringing with the other or main adopter
- are not taking statutory adoption leave and pay
- have worked for you continuously for at least 26 weeks by the end of the week that the adopter receives an official notification or by the time they want their paternity leave to begin, whichever is later
- have given you the correct notification - see employee notification of paternity leave - adoptions and surrogacy arrangements
- continue to work for you up until the point the child enters Northern Ireland
However, an employee will not qualify for paternity leave if they have previously taken shared parental leave in respect of the child.
For more information on how much paternity leave eligible employees can take and when their leave can start, see the start and duration of paternity leave - adoptions.
What is official notification for overseas adoptions?
Official notification is written notification issued by or on behalf of the relevant domestic authority (usually the Department of Health) that the authority either:
- is prepared to issue a certificate to the overseas authority dealing with the adoption of the child
- has issued a certificate and sent it to that authority
In either case, the notification certificate confirms that the other or main adopter:
- is eligible to adopt
- has been assessed and approved as being a suitable adoptive parent
The right to paternity leave - surrogacy arrangements
The intended parents in a surrogacy arrangement may be eligible for adoption leave and pay and paternity leave and pay where they are eligible for and intend to apply for a parental order (or have already obtained such).
If one of the intended parents is eligible for paternity leave and pay, they can take one week or two consecutive weeks of leave and pay. The leave and pay must be taken within the first 56 days of birth (ie before the baby is nine weeks old).
To qualify for paternity leave the intended parent must:
- Be the spouse, civil partner, or partner (including same-sex partner) of the intended parent who has elected to take adoption leave. A partner is someone who lives with the other intended parent in an enduring family relationship but is not an immediate relative.
- Be your employee.
- Have worked for you for 26 weeks by the end of the 15th week before the expected week of birth (known as the qualifying week).
- Be working for you from the qualifying week up to the date of birth.
- Be one of a couple who is eligible for and have applied for, or intend to apply for a Parental Order in respect of the child within six months of the birth.
- Expect to have the main responsibility for the upbringing of the child (with the other intended parent).
- Give the correct notice.
However, an employee will not qualify for paternity leave if they are taking adoption leave and pay or have already taken shared parental leave or pay in respect of the child.
Enhanced paternity leave
If you wish, you can have enhanced paternity leave arrangements, which are more generous than the statutory entitlements, to attract and retain employees.
For example, you could allow all employees to take paternity leave - regardless of their length of service.
You can offer these arrangements either as a contractual right or on a discretionary, case-by-case basis. If exercising discretion, caution should be taken to avoid claims of unfair treatment or discrimination.
Shared parental leave and pay
In addition, fathers, spouses, civil partners, or partners may be eligible for shared parental leave and pay, which was introduced in Northern Ireland in April 2015.
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Employee notification of paternity leave - births
Employee and employer obligations for statutory paternity leave notification.
To qualify for paternity leave, an employee should notify you no later than the end of the 15th week before the expected week of childbirth (EWC) - or as soon as is reasonably practicable - of:
- the expected week of the baby's birth
- whether they wish to take one week's or two consecutive weeks' leave
- when they want their paternity leave to start - see the start and duration of paternity leave - births and surrogacy births
The EWC is the week in which the expected date of the baby's birth falls - starting with the preceding Sunday and ending the following Saturday. If the birth date falls on a Sunday, that date is the first day in the EWC.
The employee does not have to give you any medical evidence of the pregnancy.
Once the notice is received by the employer, it is advisable to discuss the date the employee is expected to return to work from paternity leave. However, you are not under any legal obligation to give the employee confirmation of the end date of their paternity leave.
Written notification of paternity leave
You may request notification of paternity leave in writing.
Many employees will find it convenient to claim statutory paternity pay at the same time. However, to do this, they must also make a declaration - see statutory paternity pay.
If you receive this declaration for payment no later than the end of the 15th week before the EWC, the employee has complied with the leave notification requirements anyway.
Notification of the actual birth date
The employee should tell you the actual date of birth - and in writing if you request it. However, the employee does not have to give you any medical evidence of the birth.
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Paternity leave notification for adoptions and surrogacy
Statutory paternity leave for an adoption or surrogacy arrangement notification obligations for employees and employers.
The notification requirements for paternity leave differ for surrogacy births and UK and overseas adoptions.
Paternity leave notification: UK adoptions
To qualify for paternity leave when adopting a child from within the UK, an employee should notify you no more than seven days after the adopter is notified they've been matched with a child:
- That they intend to take paternity leave.
- When they want their paternity leave to start - see the start and duration of paternity leave - adoptions.
- How much paternity leave they expect to take - see the start and duration of paternity leave - adoptions.
- The date the adopter was notified that they had been matched with the child.
- The date on which the child is expected to be placed for adoption. This date is shown on the matching certificate from the adoption agency.
If it is not reasonably practicable for them to meet this deadline, they should notify you as soon as possible.
Once you receive employee notification, it is advisable to discuss the date the employee is expected to return to work from paternity leave. However, you are not under any legal obligation to give the employee confirmation of the end date of their paternity leave.
Paternity leave notification: overseas adoptions
Employees intending to take paternity leave when adopting a child from overseas must give you notice in three stages that they intend to take paternity leave.
Employees must give you the information required in writing if you request it. If the employee is also entitled to statutory paternity pay (SPP), they must give you the evidence required at the same time.
First stage
In the first stage, the employee must inform you of:
- The date on which the other or main adopter received official notification. For an explanation of official notification, see the right to paternity leave - adoptions and surrogacy adoptions.
- The date the child is expected to enter Northern Ireland.
Where the employee already has the necessary 26 weeks' qualifying service when the adopter receives official notification, they must give you this information within 28 days of the adopter receiving official notification. At this point, the employee should know roughly when the child will enter Northern Ireland.
Where the employee receives official notification before they have the necessary qualifying service, they must give you notice within 28 days of completing the 26 weeks' qualifying service. Again, at this point, the employee should know roughly when the child will enter Northern Ireland.
Second stage
In the second stage, the employee must give you at least 28 days notice of the actual date they want their paternity leave (and statutory paternity pay if they qualify) to start. They can give this notice at the first notification stage if they know the date. Paternity leave cannot start before the child has entered Northern Ireland.
Employees can change their mind about the date on which they want their paternity leave to start providing they tell you at least 28 days in advance of the new date, or as soon as is reasonably practicable.
Third stage
For the third stage, which is after the child has entered Northern Ireland, the employee must tell you the date the child entered Northern Ireland. They must tell you this within 28 days of the child's date of entry.
If they are also claiming statutory paternity pay, they will need to give evidence of the date of entry.
Employees must tell you as soon as is reasonably practicable if they find out that the child will not be entering Northern Ireland.
Paternity leave notification: surrogacy arrangements
The intended parent that will take paternity leave and/or statutory paternity pay must notify their employer of their entitlement by the 15th week before the expected week of birth. They must provide:
- The expected week of the child's birth.
- When they want their paternity leave to start. See the start and duration of paternity leave - births and surrogacy births.
- Whether one or two consecutive weeks' leave will be taken.
If requested by their employer, the employee must supply a declaration within 14 days of receipt of the request, that:
- He or she is taking paternity leave to care for the child and/or support the other intended parent.
- They satisfy the entitlement conditions for paternity leave.
- They are eligible for and intend to apply for a Parental Order in respect of the child (or have obtained such an order).
- They have not claimed adoption leave and/or statutory paternity pay. (Persons who claim adoption leave and/or pay are disqualified from claiming paternity leave and/or pay and vice versa).
As soon as practicable after the child is born the employee must notify you of the date of birth.
Written notification of paternity leave
You may request notification of paternity leave in writing.
Many employees will find it convenient to claim statutory paternity pay at the same time. However, to do this, they must also make a declaration. If the employee makes this declaration for statutory paternity pay, they have complied with the notification requirements.
If the employee is not eligible for statutory paternity pay but you still want written notification, you can ask the employee to give you a completed self-certificate Statutory Paternity Pay and Leave: becoming a birth parent (form SC3). You should accept this unless you have strong reasons for suspecting that it is false.
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The start and duration of paternity leave - births and surrogacy births
Employees can choose when they want their paternity leave to begin but can change this date if they give enough notice.
Eligible employees can choose to take a single block of either one week or two consecutive weeks' paternity leave. They cannot take it as odd days or as two separate weeks.
The duration of paternity leave remains the same regardless of the number of children resulting from a single pregnancy.
When can an employee start their paternity leave?
An employee cannot start their paternity leave until the birth of the baby. Otherwise, an employee can choose to start their leave:
- On the actual date of the baby's birth (whether earlier or later than expected).
- On a date - as the employee has notified you - falling a specified number of days after the actual birth date (whether earlier or later than expected).
- On a date - as the employee has notified you - falling after the first day of the expected week of childbirth (EWC). If the baby is born later than this date, they must delay their leave until the date of the actual birth.
Employees must give you the required notice of their paternity leave - see employee notification of paternity leave - births and employee notification of paternity leave - adoptions and surrogacy arrangements.
If an employee specifies the date of birth as the day they wish to start their leave and they are at work on that day, their leave will begin on the next day.
Changing the start date of paternity leave
In circumstances where the employee decides to change the start date of their paternity leave, they must give you the following notice where they want to change their leave, so it starts on:
- the date of birth, at least 28 days before the first day of the EWC
- a particular date, 28 days before that date
- a specified number of days after the birth, at least 28 days before the date falling the same number of days after the first day of the EWC, eg if the employee wants to start their leave 14 days after the birth and the EWC begins on 16 July, they must notify you of the new date on 2 July, ie 28 days before 14 days after 16 July
If they cannot give the notice in time, they should tell you as soon as is reasonably practicable.
Where an employee has changed the start date of their leave, they should fill in a new self-certificate - see statutory paternity pay.
What's the latest the employee can take leave?
As long as the employee has given the required notice, their paternity leave can start on any day of the week. However, their leave must finish:
- within 56 days of the actual birth date
- if the child is born earlier than expected, between the birth and 56 days from the first day of the EWC
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The start and duration of paternity leave - adoptions
How an employee can choose and change leave dates for statutory paternity leave for adoptions.
Eligible employees can choose to take a single block of either one week or two consecutive weeks' paternity leave. They cannot take it as odd days or as two separate weeks.
Choosing the start date of paternity leave - UK adoptions
Paternity leave (and pay) can begin any time from the date of the child's placement with the adopter but must be completed within 56 days of this date.
The employee can choose to begin paternity leave on one of the following:
- The date on which the child is placed with the adopter, even if this is earlier or later than the expected date of placement. If the employee is at work on that date, their leave begins on the day after.
- A predetermined date after the expected date of placement.
- A date falling a specified number of days after the expected date of placement.
Changing the start date of paternity leave - UK adoptions
In the circumstances where an employee decides to change the start date of their paternity leave, they must give you the following notice where they want to change their leave, so it starts on:
- the date of placement, at least 28 days before the expected date of placement
- a particular date, 28 days before that date
- a specified number of days after the placement, at least 28 days before the date paternity leave is expected to then commence
If they cannot give the notice in time (eg the adoption agency alters the date of placement at short notice), they should tell you as soon as is reasonably practicable.
Where an employee has changed the start date of their leave, they should fill in a new self-certificate - see statutory paternity pay.If you are unable to agree on the dates of paternity leave, contact the Labour Relations Agency (LRA) Workplace Information Service on Tel 03300 555 300.
Choosing the start date of paternity leave - overseas adoptions
An employee adopting a child from overseas may choose to start their paternity leave from:
- the date that the child enters Northern Ireland
- a fixed date which is later than the date the child enters Northern Ireland
They must complete their leave within 56 days of the date the child enters Northern Ireland. They can start their leave on any day of the week.
Paternity leave is not meant to be used to cover the period employees spend travelling overseas to arrange the adoption or visit the child. However, you could allow the employee to take annual leave or unpaid leave for these purposes.
Changing the start date of paternity leave - overseas adoptions
If the employee wants to change the start date of their paternity leave, they must give you 28 days notice of the change.
You can ask for this notification in writing.
Where an employee has changed the start date of their leave, they should fill in a new self-certificate - see statutory paternity pay.
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Contractual issues during paternity leave
Almost all existing terms and conditions continue to apply during statutory paternity leave.
An employee's contract of employment continues throughout paternity leave unless either you or the employee expressly ends it, or it expires.
Terms and conditions during paternity leave
During paternity leave an employee has a statutory right to continue to benefit from all the terms and conditions of employment which would have applied to them had they been at work, except for the terms relating to wages or salary (unless their contract provides otherwise).
Examples of contractual terms and conditions that continue during paternity leave include:
- gym membership
- participation in share schemes
- reimbursement of professional subscriptions
- the use of a company car or mobile phone (unless provided for business use only)
Continuous employment and paternity leave
Paternity leave does not break the continuity of employment.
Similarly, paternity leave counts towards an employee's period of continuous employment for the purposes of entitlement to other statutory employment rights, eg the right to a redundancy payment.
It also counts towards assessing seniority and personal length-of-service payments, such as pay increments, under the contract of employment.
Accrual of annual leave
An employee continues to accrue statutory - and any contractual - annual leave entitlement throughout paternity leave.
An employee may not take annual leave during paternity leave - but may take it immediately before or after paternity leave.
Contributions to a pension scheme
While your employee is on paternity leave, you should calculate employer contributions to their pension scheme as if they are working normally and receiving normal pay for doing so. This is regardless of whether or not the employee is receiving ordinary statutory and/or enhanced paternity pay.
If the rules require employee contributions to continue during paternity leave, the employee's contributions should be based on the amount of ordinary statutory and/or contractual paternity pay they are receiving.
Employee contributions will therefore stop if the employee is not receiving any paternity pay - but the pension scheme rules may still allow them to make voluntary contributions.
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Returning to work from paternity leave
An employee returning to work at the end of statutory paternity leave is entitled to return to the same job.
An employee is entitled to return to the same job on the same terms and conditions of employment as if they had not been absent on paternity leave.
They are also entitled to benefit from any general improvements to the rate of pay or other terms and conditions introduced while they are away.
Shared parental leave and pay
In addition, fathers, spouses, civil partners, or partners may be eligible for shared parental leave and pay.
Return to work where parental leave is taken immediately after paternity leave
Employees who qualify for parental leave may take some of this leave immediately after the end of their paternity leave - see parental leave and time off for dependants.
A period of parental leave of four weeks or less has no impact on the employee's right of return.
An employee who takes a period of parental leave of more than four weeks straight after the end of their paternity leave is entitled to return to the same job on the same terms and conditions of employment as if they had not been absent.
However, if it is not reasonably practicable for you to let them return to their old job, you should offer them a job:
- that is both suitable and appropriate for them to do in the circumstances
- on terms and conditions that are no less favourable than those for their original job
If you offer the employee a job that fulfils the criteria above and they unreasonably refuse it, they will have effectively resigned. You should put the offer in writing and retain a copy. The offer should be as detailed as possible.
If you offer the employee a job that does not fulfil the above criteria, the employee may:
- resign and claim constructive dismissal - the employee may raise a grievance about this with you first
- raise a grievance with you, which may result in an industrial tribunal claim for detrimental treatment if you fail to address it
You should try to consult with employees during their paternity-parental leave about any proposed changes to their job in preparation for their return.
Flexible working requests
Providing they meet the qualifying criteria, an employee returning to work may make a request to work flexibly, eg to work from home or do part-time hours. Read more on flexible working: the law and best practice.
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Paternity leave and protection against detriment or dismissal
You must not unfairly treat or dismiss employees because they are taking, took, or seeking to take statutory paternity leave.
Employees are protected from suffering a detriment or dismissal for taking or seeking to take paternity leave.
Detrimental treatment and paternity leave
You must not subject an employee to any detriment by acting, or deliberately failing to act, because they:
- sought to take paternity leave
- availed ofpaternity leave
Examples of detrimental treatment include denial of promotion, facilities, or training opportunities that you normally would have made available to the employee.
If an employee believes you have treated them detrimentally under these circumstances, they may raise a grievance with you. This may result in an industrial tribunal claim for detrimental treatment if you fail to address it.
Dismissal and paternity leave
You must not:
- dismiss an employee - or select them for redundancy - because they took, or sought to take paternity leave
- prevent an employee from returning to work after their paternity leave
If you dismiss an employee in these circumstances, they may take a complaint of unfair dismissal to an industrial tribunal - regardless of their length of service.
Redundancy during paternity leave
If there is a redundancy situation at the same time as an employee's paternity leave, you must treat them the same as any other employee under the circumstances. This might be consulting them about the redundancy or considering them for any other suitable job vacancies.
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Statutory paternity pay
Who qualifies for SPP, how to recover SPP payments, and offering SPP enhancements.
For information about eligibility criteria for statutory paternity pay (SPP) see statutory paternity pay and leave.
(Note that in Northern Ireland, in exceptional cases, statutory paternity pay may be payable where an adoption agency places a child with approved foster parents who are also approved, prospective adopters. The agency will supply the foster parents with correspondence which can be shown to the employer explaining that they have met the relevant criteria for being matched with the child for the purposes of paternity leave and pay, and other entitlements open to adopters. The usual notification and service criteria will apply).
Note that the meaning of the term 'employee' for SPP purposes is different from the meaning of paternity leave and other employment rights. This means that some workers who are not employees, eg agency workers, may qualify for SPP, even though they do not qualify for paternity leave.
Someone legally classed as a worker who is not entitled to statutory paternity pay might still want to take time off after a birth. You should discuss other options with them, for example, paid holiday or special leave paid or unpaid.
SPP rates and recovery
You must pay eligible employees the lower of:
- the standard weekly rate - £184.03
- 90% of their average weekly earnings
You can recover some or all of your SPP payments from HM Revenue & Customs - the proportion you can recover depends on the size of your annual National Insurance Contributions liability.
Enhanced paternity pay
If you wish, you can have enhanced paternity pay arrangements, which are more generous than the statutory entitlements, to attract and retain employees.
For example, you could:
- Pay full pay during the employee's paternity leave. However, you could also change the qualification criteria for this enhancement, eg the employee needs a year's continuous service.
- Pay paternity pay to all employees - regardless of whether or not they meet the statutory qualification criteria.
You can offer these arrangements either as a contractual right or on a discretionary, case-by-case basis. Be careful when using discretion to avoid complaints of unfair treatment or discrimination.
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Maternity pay
In this guide:
- Maternity leave and pay
- The right to maternity leave
- Notification and confirmation of maternity leave
- When maternity leave can begin
- Terms and conditions during maternity leave
- Holiday and pensions during maternity leave
- Contact and work during maternity leave
- Changing a return date after maternity leave
- Returning to work from maternity leave
- Maternity leave and protection against detriment or dismissal
- Maternity pay
The right to maternity leave
Who qualifies for statutory maternity leave and how employers may offer enhanced leave rights.
All pregnant employees, ie those working under a contract of employment, are entitled to take up to 52 weeks of statutory maternity leave (SML) around the birth of their child. Employees automatically qualify for SML - it does not matter how long the employee has worked for you.
The 52-week SML period is made up of 26 weeks of ordinary maternity leave (OML) followed immediately by 26 weeks of additional maternity leave (AML).
Shared parental leave
In addition, an eligible mother can end her maternity leave early, and with her partner (this includes same-sex partners) or the child's father, opt for shared parental leave. Read more on shared parental leave and pay.
Compulsory maternity leave
An employee must take a minimum of two weeks' leave after the birth of her child - or four weeks if she works in a factory. You must not allow her to work during this time.
Multiple births
SML remains at 52 weeks regardless of the number of children resulting from a single pregnancy.
Stillbirth and miscarriage
If your employee gives birth to a stillborn baby, she is still entitled to maternity leave if the birth happens after 24 weeks of pregnancy.
If a miscarriage occurs before the end of the 24th week of pregnancy, the employee could take sick leave, or you could allow them to take compassionate leave, annual leave, or unpaid leave instead.
When a baby dies
If the baby is born alive at any point in the pregnancy but then later dies, the employee is still entitled to SML.
Parental Bereavement Leave and Pay
An employee may be eligible for Parental Bereavement Leave and Pay if they or their partner (this includes same-sex partners) either has a child who has died under 18 years old or had a stillbirth after 24 weeks.
Enhanced maternity leave
Employers can also provide enhanced maternity leave arrangements to attract and retain employees, which are more generous than the statutory entitlements.
For example, you could allow employees with more than a year's service to take more than 52 weeks' leave.
You can offer these arrangements either as a contractual right or on a discretionary, case-by-case basis, but use caution when exercising discretion to avoid claims of unfair treatment or discrimination.
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Notification and confirmation of maternity leave
Employee and employer obligations regarding maternity leave notification.
Employees should tell you the following information no later than the end of the 15th week before the expected week of childbirth (EWC):
- The fact that she is pregnant.
- The expected date of the baby's birth.
- The intended start date of her maternity leave - this cannot be earlier than the beginning of the 11th week before the EWC. The expected date of birth is given on the MATB1 form that the employee receives from her registered doctor or midwife to confirm that she is pregnant. An employee can change the start date of her leave - see when maternity leave can begin.
The EWC is the week in which the expected date of the baby's birth falls - starting with the preceding Sunday and ending the following Saturday. If the baby is born on a Sunday, that date is the first day in the EWC. The qualifying week is referred to as the 15th week before the EWC.
You may request notification of statutory maternity leave (SML) in writing.
SML entitlement if the 15-week deadline is missed
A woman who realises she is pregnant later than 15 weeks before the EWC week is still entitled to SML. In this event, the employee is expected to tell you the information above as soon as possible after the 15-week deadline.
SML notification and claiming statutory maternity pay (SMP)
The start date for SMP is normally the same as the start date for SML. Therefore, many employees will find it convenient to notify you of the start date of their SMP at the same time as they notify you of the start date of their SML.
If the employee plans to take SML, she only needs to provide you with a MATB1 form so you can work out whether she qualifies for SMP. If she does not qualify, you must return the MATB1 form to her because she will need it to claim Maternity Allowance.
See maternity pay.
Failure to give the required notification
If an employee does not give you the required notification, you can postpone the date she has chosen to start her SML.
You do not have to accept shorter notice, but you may have to make an exception where it was not reasonably practicable for the employee to give you notice any earlier.
For example, the employee may not be able to notify you properly if her baby is born much earlier than expected, eg well before the qualifying week. In these circumstances, she still qualifies for 52 weeks' SML. See when maternity leave can begin.
Encouraging early notification
It benefits both you and the employee if she notifies you well in advance of the 15th week before the EWC as you:
- know she is entitled to paid time off for antenatal care
- know that particular health and safety rules apply
- can start making arrangements to cover the period while the employee is away
For further guidance, see pregnancy at work.
Confirming the end date of SML
After receiving her notification, you must in turn notify the employee of the date on which her SML will end. This will normally be 52 weeks from the intended start of her SML.
You must give the employee this information within 28 days of her notification unless the employee has since changed the date her leave will start. In that case, you must notify her of the end date within 28 days of the start of her leave.
If you fail to give the employee proper notification and she wants to change her return date, she may not be obliged to comply with the eight-week notice requirement - see changing a return date after maternity leave.
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When maternity leave can begin
Beginning maternity leave and reasons why the start date may need to be changed.
An employee can choose to begin her statutory maternity leave (SML) any time from 11 weeks before the expected week of childbirth (EWC) up until the birth itself.
For the rules on notification for SML, see notification and confirmation of maternity leave.
Pregnancy-related absence
An employee can choose when to start her maternity leave. The exception is if she is absent from work for a pregnancy-related reason and the absence is after the beginning of the fourth week before the EWC - but before the date she notified you that she intended to start her leave. In this case, you can start the maternity leave as soon as she is absent.
In these circumstances, her SML will begin the day after the first day of her pregnancy-related absence.
Pregnant employees are entitled to paid time off for antenatal care - see employees' right to paid time off for antenatal care.
Childbirth before maternity leave has begun
SML also begins on the day after the day of childbirth if the birth occurs before:
- the notified SML start date
- the employee has notified you of any SML start date
This applies even if the birth takes place before the start of the 11th week before the EWC. In these circumstances, the employee should give you notice - in writing if you request it - of:
- the date of the birth if it has already taken place
- the original expected date of birth
The employee can provide you with evidence of the actual and expected dates of birth on the maternity certificate (MATB1) provided by her doctor or midwife.
Changing the start date of SML
After giving you her notification, the employee can change her intended start date as long as she notifies you of the new start date. She must do this by whichever is the earlier of:
- 28 days before the date she originally intended to start her leave
- 28 days before the new date she wants to start her leave
However, if it is not reasonably practicable for her to give you this much notice, she does not have to. In these circumstances, she should give you as much notice as possible. You may request this notification in writing.
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Terms and conditions during maternity leave
Certain terms and conditions continue to apply during statutory maternity leave.
An employee's contract of employment continues throughout her 52 weeks of Statutory Maternity Leave (SML) unless either you or the employee expressly ends it or it expires.
During SML an employee has a statutory right to continue to benefit from all the terms and conditions of her employment that would have applied to her had she been at work.
The only exceptions are terms relating to wages or salary - though you must pay her statutory maternity pay if she's eligible. See maternity pay.
Contractual terms and conditions
Examples of contractual terms and conditions that continue during SML include:
- gym membership
- participation in share schemes
- reimbursement of professional subscriptions
- the use of a company car or mobile phone (unless provided for business use only)
- childcare vouchers
- contractual annual leave (any annual leave the employee receives above the minimum 5.6 weeks per annum)
Whether or not you should pay a bonus to an employee on SML depends on the type of bonus and the terms of the particular bonus scheme. You should ensure that you do not withhold any bonus simply because the employee is pregnant or is on maternity leave.
An employee on SML may receive contractual pay if she works on a keeping-in-touch day - see contact and work during maternity leave.
Continuous employment, length of service, and maternity leave
SML does not break the continuity of employment.
This means the entire SML period counts towards an employee's period of continuous employment when determining eligibility for other statutory employment rights, eg the right to a redundancy payment.
Both ordinary maternity leave and additional maternity leave count for assessing seniority and personal length-of-service payments, such as pay increments, under their contracts of employment.
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Holiday and pensions during maternity leave
An employee's contractual benefits during maternity leave.
During statutory maternity leave (SML), an employee continues to accrue annual leave.
She will also continue to benefit from any occupational pension scheme contributions for some of the SML period, ie during the paid maternity leave period.
Accrual of annual leave during maternity leave
An employee continues to accrue both their full statutory annual leave entitlement of 5.6 weeks and any additional contractual entitlement throughout both ordinary maternity leave and additional maternity leave.
Employees will be able to carry over 5.6 weeks of leave into the next holiday year if they are unable to take the leave due to having taken maternity leave.
There is no legislative guidance on the right to carry over contractual leave in excess of the 5.6 weeks statutory leave.
An employee may not take annual leave during SML. You should instead allow the employee to take any untaken annual leave before and/or after her SML.
You cannot pay an employee in lieu of any untaken statutory annual leave unless the contract is terminated.
An employee's SML begins automatically if she gives birth during a period of annual leave - see when maternity leave can begin.
For more information on annual leave entitlements, see know how much holiday to give your staff.
Pension contributions during maternity leave
During ordinary maternity leave (whether or not the employee is receiving statutory and/or enhanced maternity pay) and any period of paid additional maternity leave, you should calculate the employer's contribution to an occupational pension scheme as if the employee is working normally and receiving the normal remuneration for doing so.
During any period that your employee is on additional maternity leave (AML) but not receiving any maternity pay, eg during the last 13 weeks of AML, you do not have to make any employer contributions to an occupational pension scheme unless the contract of employment provides otherwise.
If the occupational pension scheme rules require employee contributions to continue during maternity leave, her contributions should be based on the amount of statutory and/or enhanced maternity pay she is receiving.
Employee contributions will therefore stop during any period of unpaid maternity leave - eg during the last 13 weeks of AML - but the occupational pension scheme rules may allow her to still make voluntary contributions.
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Contact and work during maternity leave
You can keep in contact with an employee during maternity leave and she may work up to ten keeping-in-touch days.
Reasonable contact
During the statutory maternity leave (SML) period you can make reasonable contact with an employee - and they may make contact with you.
In addition, an employee can work as a way of keeping in touch with workplace developments.
Contact with employees on SML
You can make contact with the employee by any means, eg telephone, email, letter, or a meeting in the workplace.
The frequency and nature of any contact with them will depend on things like:
- the type of work and the employee's post
- any agreement that you might have reached with the employee before their leave began
- whether either party needs to communicate important information to the other, eg changes in the workplace that might affect the employee on her return
The amount of contact that is reasonable depends on whether the employee prefers to have frequent or minimal contact with you. It is a good idea to discuss how you will keep in touch with your employee before she begins her SML.
Remember that you must keep an employee informed of promotion opportunities and other information relating to her job that she would normally be made aware of if she was at work, eg organisation changes or redundancy situations.
Keeping in touch (KIT) days
Employees may, in agreement with you and on a voluntary basis, do up to ten days' work - known as keeping in touch (KIT) days - under their contract of employment during their SML period without it affecting their right to statutory maternity leave or pay.
An employee cannot use a KIT day during compulsory maternity leave - see the right to maternity leave.
During KIT days, employees can work for you. This could be her normal work or could be attending a conference, undertaking training, or attending a team meeting.
Any amount of work done on a KIT day counts as one KIT day. Therefore, if an employee comes in for a one-hour training session and does no other work that day, she will have used up one of her KIT days.
If work on a KIT 'day' spans midnight, this counts as one KIT day - as long as this is the employee's normal working pattern.
Payment for KIT days
You and the employee should agree on how much you will pay her for a KIT day - this could be set out in her contract of employment or you may decide on a discretionary, case-by-case basis.
If the employee is receiving statutory maternity pay (SMP) when she works a KIT day, you must continue to pay her SMP for that week.
The employee can work under her contract of service for the employer paying her SMP for up to ten days (KIT days) during her maternity pay period without losing any SMP.
If the employee has used her ten KIT days and she does any further work, she will lose a week's SMP for the week in which she has done that work. If a week in her maternity pay period contains only KIT days, she would be paid SMP for that week. If a week in her maternity pay period contains the last KIT day and she does a further day's work in the same week, she will lose SMP for that week.
The SMP the employee receives for the week in which she works a KIT day can count towards any contractual pay you agree with her for working that KIT day. However, you could agree that she will receive her normal daily rate in addition to the SMP for that week.
Whatever the arrangement, you can still continue to recover SMP from HM Revenue & Customs (HMRC) as normal - see maternity pay.
You will need to comply with your statutory obligations, such as paying at least the national minimum wage, as normal and ensuring women and men receive equal pay for work of equal value. See National Minimum Wage and National Living Wage - rates and overview.
KIT days: Protection against detriment or dismissal
An employee can only work a KIT day if she wants to and you agree to it - you cannot make an employee work a KIT day against her wishes, nor can the employee insist she works a KIT day if you do not agree to it.
It is unlawful for you to treat an employee unfairly or dismiss her because she:
- refused to work a KIT day
- worked - or considered working - a KIT day
If an employee believes that you have treated her unfairly or dismissed her under these circumstances, she may:
- resign and claim constructive dismissal
- raise a grievance with you, which may result in a tribunal claim for detrimental treatment, unfair dismissal and/or sex discrimination
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Changing a return date after maternity leave
Notification from employees regarding changes to their return date, or if they don't intend to return to work at all.
Unless the employee has notified you otherwise, the date she returns to work will normally be the first working day 52 weeks after her statutory maternity leave (SML) began.
Returning to work before the planned return date
If an employee wishes to return to work before the planned return date (usually the date you confirmed to them before they went on leave), she must give you notice at least eight weeks before her new return date. You can accept less or no notice at your discretion.
For example, if an employee was due to return to work after 52 weeks SML on 1 August, but then decided to return to work after 39 weeks of leave on 9 May, she would need to give you eight weeks' notice of the new date, ie by 14 March.
If you did not provide appropriate notification of when her leave should end, the employee does not have to give you eight weeks' notice - see notification and confirmation of maternity leave.
If the employee attempts to return to work earlier than planned without giving you notice, you can postpone her return by up to eight weeks. However, you may not postpone her return to a date later than the end of her 52-week SML period.
If the employee still comes to work during the period of postponement, you do not have to pay her.
Returning to work after the planned return date
If an employee wishes to return to work after the planned return date, she should give you notice of her new date of return at least eight weeks before the originally planned return date.
For example, if an employee originally notified you that she planned to return to work at the end of her ordinary maternity leave (ie after 26 weeks) on 1 October but - while on leave - decides that she wishes to take her full entitlement of 52 weeks, she must notify you of this eight weeks before 1 October, ie by 6 August.
If you didn't provide appropriate notification of when her leave should end, the employee does not have to give you eight weeks' notice - see notification and confirmation of maternity leave.
Employees who do not wish to return to work after maternity leave
An employee who does not wish to return to work at all after her SML must give you notice of this. This will be the same notice she would give for resignation in any other circumstances as required by her contract of employment.
However, as long as she specifies the date on which she wishes to terminate the contract (eg the date she was due back at work after SML), her SML continues.
In addition, if she terminates her contract before the end of the statutory maternity pay (SMP) period, you must continue to pay her SMP for the full 39-week SMP pay period, provided she has not started work for an employer who did not employ her in the 15th week before her expected week of childbirth.
Employees who don't return are not required to pay back any SMP they have received. See maternity pay.
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Returning to work from maternity leave
The automatic right to return to the same job depends on whether the employee is returning from ordinary maternity leave or additional maternity leave.
An employee is entitled to return to the same job that she had before going on statutory maternity leave (SML) if she only took ordinary maternity leave (OML), ie the initial 26-week period of SML. The rules are different where an employee takes all or some of her additional maternity leave (AML), ie the second 26-week period of SML.
Returning to work after OML
An employee who returns to work during or at the end of her OML period is entitled to return to the same job on the same terms and conditions of employment as if she had not been absent.
If you prevent an employee from returning to work, she may make a complaint of unfair dismissal and sex discrimination to an industrial and fair employment tribunal.
If she returns to work but you do not give her old job back, she may:
- resign and claim constructive dismissal
- raise a grievance with you, which may result in an industrial tribunal claim for sex discrimination or detrimental treatment
See maternity leave and protection against detriment or dismissal.
Returning to work after AML
An employee who returns to work during or at the end of her AML period is entitled to return to the same job on the same terms and conditions of employment as if she had not been absent.
However, if it is not reasonably practicable for you to let her return to her old job, you should offer her a job:
- that is both suitable and appropriate for her to do in the circumstances
- on terms and conditions that are no less favourable than those for her original job
If you offer the employee a job that fulfils the criteria above and she unreasonably refuses it, she will have effectively resigned.
If you offer the employee a job that does not fulfil the criteria, she may:
- resign and claim constructive dismissal
- raise a grievance with you, which may result in an industrial tribunal claim for sex discrimination or detrimental treatment
You should try to consult with employees during their SML about any proposed changes to their jobs in preparation for their return. See contact and work during maternity leave.
Taking parental leave after SML
Employees who qualify for parental leave may take some of this leave immediately following the end of their SML.
An employee is entitled to return to the same job as before if the parental leave meets both of the following conditions:
- it is for four weeks or less
- it is not preceded by any AML
If the parental leave period is for longer than four weeks and/or is preceded by a period of AML, the employee is treated as though they were returning to work after AML. See parental leave and time off for dependants.
Breastfeeding
Your health and safety obligations towards a breastfeeding employee are the same as they were when the employee was pregnant.
Pregnant workers and breastfeeding mothers are entitled to more frequent rest breaks. You should talk to them so you can agree on the timing and frequency.
You must provide a suitable area where a breastfeeding employee can rest. It should:
- include somewhere to lie down if necessary
- be hygienic and private so they can express milk if they choose to - toilets are not a suitable place for this
- include somewhere to store their milk, eg a fridge
See breastfeeding and the workplace.
Pregnancy during SML
If a woman becomes pregnant during her SML, she must notify you of this in the normal way - see notification and confirmation of maternity leave.
It is possible for her subsequent period of SML to begin as soon as the current one ends. In these circumstances, her rights on her eventual return are the same as they would have been had she just taken a single period of SML.
Flexible working requests
An employee returning to work may make a request to work flexibly, eg to change start or finish times, work from home, or do part-time hours. If possible, you should discuss this with the employee prior to SML, or during the keeping in touch process. Read more on flexible working: the law and best practice.
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Maternity leave and protection against detriment or dismissal
You must not unfairly treat or dismiss employees because they are taking, took, or sought to take statutory maternity leave.
Employees are protected from suffering a detriment or dismissal for taking or seeking to take, statutory maternity leave (SML).
Detrimental treatment and Statutory Maternity Leave
You must not subject an employee to any detriment by acting or deliberately failing to act, because she:
- sought to take SML
- availed of SML
Examples of detrimental treatment include denial of promotion, facilities, or training opportunities that you would normally have made available to the employee.
If an employee believes you have treated her detrimentally under these circumstances, she can take a claim of sex discrimination to an industrial tribunal.
Redundancy during Statutory Maternity Leave
If a redundancy situation arises at any stage during an employee's SML, you may not be able to continue employing her under her existing contract of employment.
In these circumstances, you must offer her - before that contract ends - any suitable alternative vacancy you have. This includes a vacancy with an associated employer or with a successor to the original employer.
The new job must start immediately after the end of the original one and must:
- be suitable and appropriate for her to do in the circumstances, and
- the capacity and place in which she is to be employed and the terms and conditions of her employment are not substantially less favourable to her than if she had continued to be employed under the original contract
If you fail to comply with these requirements and dismiss the employee, the dismissal will be unfair. She may also have a claim for sex discrimination.
However, if you end up making an employee on SML redundant because you had no suitable alternative work to offer her, the dismissal may be fair.
On dismissal, her SML period comes to an end, but her entitlement to statutory maternity pay (SMP) continues until the end of the 39-week SMP period - assuming it has not already ended.
You must provide written reasons for dismissal to any woman you dismiss or make redundant while she is pregnant or on SML.
Pay rises during SML
An employee on SML is entitled to benefit from any general improvements to the rate of pay, or other terms and terms, which are introduced for their grade or class of work - as if they had not been away.
Flexible working requests
Providing they meet the qualifying criteria, an employee returning to work from maternity leave may make a request to work flexibly, eg to adjust their start or finish times, work from home or do part-time hours. See flexible working: the law and best practice.
Dismissal on or after return to work from Statutory Maternity Leave
The dismissal of an employee will be automatically unfair if you dismiss her - or select her for redundancy in preference to other comparable employees - solely or mainly because she:
- has taken SML
- benefited from the terms and conditions of employment to which she was entitled during that SML period
- failed to return from her SML on time because you failed to give her any or adequate notification of the end date of her leave - see notification and confirmation of maternity leave
Dismissal, selection for redundancy, or other detrimental treatment in these circumstances may also amount to sex discrimination, for which industrial tribunal compensation is uncapped.
However, a dismissal may be potentially fair if, on the employee's return from additional maternity leave:
- you could not offer her the old job
- you - or an associated employer - offered her suitable alternative employment but she unreasonably refused
See returning to work from maternity leave.
Dismissal on grounds unrelated to Statutory Maternity Leave
It is still possible for you to fairly dismiss an employee who is on - or who has recently returned from - SML. If the reason for the dismissal is:
- largely or wholly unrelated to her SML
- not for any other reason that is unfair or unlawfully discriminatory
You must provide written reasons for dismissal to any woman you dismiss or make redundant while she is pregnant or on SML.
Dismissal of replacement employees
You can fairly dismiss an employee you took on to replace an employee on maternity leave. You should ensure that you follow a fair dismissal procedure in doing so, including the statutory dismissal procedure.
However, make sure you inform them that their position is only for maternity cover before they start.
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Maternity pay
Eligibility for statutory maternity pay (SMP), how to recover SMP payments, and the option of enhancements to SMP.
Statutory maternity pay (SMP) is paid for up to 39 weeks and usually covers the first 39 weeks of an employee's maternity leave.
Eligibility for statutory maternity pay
To be eligible for SMP, a pregnant employee must meet certain qualifying conditions.
For more information, see Statutory Maternity Pay and Leave: eligibility and proof of pregnancy.
The meaning of the term 'employee' for SMP purposes is different from the meaning for statutory maternity leave (SML) and other employment rights. This means that some workers who are not employees, eg agency workers, may qualify for SMP, even though they do not qualify for SML.
Statutory maternity pay rates and recovery
For the first six weeks you must pay your employee SMP a weekly rate equal to 90% of their average weekly earnings (AWE).
For the next 33 weeks you must pay them the lower of the following:
- The standard weekly rate of £184.03
- 90% of their AWE
You can recover some or all of your SMP payments from HM Revenue & Customs (HMRC) - the proportion you can recover depends on the size of your annual National Insurance Contributions (NICs) liability.
Read more on statutory pay and leave.
Enhanced maternity pay
If you wish, you can offer enhanced maternity pay arrangements to attract and retain employees, which are more generous than the statutory entitlements.
For example, you could:
- pay more than SMP over a certain period, eg full pay for the first six weeks, half pay for the next ten weeks, SMP for the remaining 23 weeks
- make a bonus payment on the employee's return to work
You could change the qualification criteria for these enhancements, eg the employee needs a year's continuous service.
You can offer these arrangements either as a contractual right or on a discretionary, case-by-case basis, but use caution when exercising discretion to avoid claims of unfair treatment or discrimination.
You can still recover from HMRC the SMP portion of any enhanced maternity pay.
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How long to store employment agency and business records
In this guide:
- Employment agencies and employment businesses: record keeping
- Employment agencies and employment businesses: keeping work-seekers' records
- Employment agencies and businesses: keeping hiring company records
- Keeping records for multiple employment agencies
- How long to store employment agency and business records
- Employment Agency Inspectorate: compliance and enforcement
- Employment agencies: penalties for non-compliance
- Employment Agency Inspectorate: prosecutions
Employment agencies and employment businesses: keeping work-seekers' records
Guidance on the types of records employment agencies and employment businesses need to keep in relation to work-seekers.
There are certain records you must keep when running an employment agency or business about applications from work-seekers.
However, you are not required to keep the details of a work-seeker if you take no action to find them work. For example, if you receive a high volume of speculative CVs, which are not used, records need not be retained on each work-seeker whose CV is not used.
Records data you must keep
You must keep the following records on work-seekers you find, or attempt to find, work for:
- the date their application was received
- their name, address, and, if under 22 years old, their date of birth as well
- any terms which apply, or will apply, between the agency or employment business and the work-seeker
- any document recording variation to the terms between the employment agency or business
- details of their training, experience, qualifications, and any authorisation to undertake particular work (and copies of any documents provided to you relating to this)
- details of any requirements specified by the work-seeker in relation to taking up employment
- names of hirers to whom the work-seeker is introduced or supplied
- details of any resulting engagement and the date from which it takes effect
- a copy of any contract between the work-seeker and a hirer that you entered into on the work-seekers behalf
- the date any applications are withdrawn or contracts are terminated
- details of enquires about the work-seeker and the position concerned - with copies of all relevant documents and dates they were received or sent
Charging fees and records you must keep
If you are permitted to charge fees to work-seekers (ie agencies in the entertainment sector), you should also keep records of either:
- the dates of requests for fees from the work-seeker and receipts of fees or payments, with copy statements or invoices, numbers, and amounts, or
- statements of dates and amounts of sums deducted from the money you received on the work-seekers behalf when you operated a 'client account' to hold the work-seekers money
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Employment agencies and businesses: keeping hiring company records
Records that must be kept by employment agencies or employment businesses in contact with companies hiring new staff.
There are certain records you must keep when running an employment agency or business about any companies hiring staff who contact you with job vacancies.
Records you must keep when dealing with companies hiring staff
- The date their application is received.
- The hiring company's name and address, and the location of employment they are offering if different.
- Details of the job role or roles the hirer seeks to fill.
- Duration or likely duration of the job role.
- Experience, training, ability, qualifications, and authorisation are required either by the hiring company, by law, or by any professional body.
- The terms offered in respect of the job role or roles the hirer seeks to fill.
- Any other conditions attached to the job role or roles the hirer seeks to fill.
- Copy of the terms between the employment agency or business and the hiring company, and any document recording any variation on these terms.
- Names of job-seekers introduced to or supplied to the hiring company.
- Details of inquiries about the hiring company and the position the hirer seeks to fill, with copies of all relevant documents and dates of their receipt.
- Details of each resulting engagement and the date from which it takes effect.
- Dates of requests by the employment agency or business for fees or other payment from the hiring company and of receipt of such fees or other payments, and copies of statements or invoices.
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Keeping records for multiple employment agencies
The records that must be kept when dealing with more than one employment agency or employment business.
There are certain records you must keep when running an employment agency or business when more than one employment agency or employment business is involved with the work-seeker or hirer.
Records you must keep: multiple employment agencies
- names of any other agencies or employment businesses whose services the agency or employment business uses
- details of enquiries about that agency or employment business's suitability, with copies of all relevant documents and dates the enquiries were made and the answers received
- date and copy of any agreement with the other agency
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How long to store employment agency and business records
The length of time employment agency and employment business records must be kept for.
All the records relating to either work-seekers, hirers or situations where more than one employment agency or business is involved must be kept for at least one year after their creation.
Records relating to applications from hirers and work-seekers must be retained for at least one year following the date that the agency or employment business last provided its services to that work-seeker or hirer.
If you run a modelling or entertainment agency, client account records must be kept for a minimum of six years. For further information see entertainment and modelling agencies.
You can keep records at the premises where you trade or elsewhere. You must make sure they are readily accessible and can be delivered to the trading premises to which they relate - ie the premises at which the work-seeker/hirer is registered or employed, or premises you carry out the business with any other employment agency or employment business.
If a request for records is made by an Employment Agency Inspectorate inspector they must be delivered no later than the end of the second business day following the day the request for them is made. For example, if a request for records is made on a Monday, you must be able to deliver them by the end of Wednesday.
Records can be kept in electronic form provided they are capable of being reproduced in a legible form.
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Employment Agency Inspectorate: compliance and enforcement
The role of the Employment Agency Inspectorate in ensuring employment agencies and businesses comply with the law.
The Department for the Economy's Employment Agency Inspectorate (EAI) is responsible for regulating the conduct of employment agencies and employment businesses in Northern Ireland.
The EAI's main way to check that employment agencies and businesses are complying with the law is by sending inspectors to visit the agency or business and carry out an inspection.
EAI inspectors investigate complaints, follow up allegations of misconduct, and undertake targeted checks of employment agencies and businesses.
All EAI inspectors carry official identification. They are able to enter domestic or commercial premises that they have reason to believe are used, or have been used, for the purposes of an employment agency or business. They have powers to inspect those premises and any records or documents necessary to ensure compliance with The Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 (as amended) and The Conduct of Employment Agencies and Employment Businesses Regulations (Northern Ireland) 2005 (as amended).
Inspectors may require proof to decide whether employment agencies and businesses are complying with their legal obligations. They can specifically request documents and financial records to ensure compliance while they are on the premises. Inspectors may also copy documents, or remove documents for the purposes of copying them or request in writing any record, document, or information be provided to them at a time and place of their choice so avoiding the need to revisit the premises.
For the definitions of an employment business and an employment agency, see employment agencies and employment businesses.
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Employment agencies: penalties for non-compliance
Action that can be taken by the Employment Agency Inspectorate when an employment agency does not comply with its legal duties.
Employment Agency Inspectorate (EAI) inspectors will inform the employment agency or business of instances of non-compliance and explain what their legal requirements are.
If an employment agency or business is not complying with their legal obligations they will be sent an infringement letter detailing the issues which require their attention in order to achieve compliance, and the steps needed to correct them. You will be required to provide evidence that you have addressed the non-compliance issues accordingly. There may be a follow-up inspection by the EAI to ensure that remedial action has been taken.
See EAI legislation and enforcement.
Penalties for serious non-compliance issues
If the matter is particularly serious or the employment agency or business does not take corrective action, the EAI will consider recommending a prosecution and/or making an application for a Prohibition Order in an Industrial tribunal.
Certain breaches of the legislation are criminal offences that can be tried in the Magistrates' Court, where the maximum fine is £5,000 for each offence, or in the Crown Court where the fine is unlimited.
The EAI can make an application to an Industrial Tribunal for a Prohibition Order on account of a person's misconduct or unsuitability. The maximum ban is ten years.
See the EAI enforcement policy.
If you have a question about an EAI inspection or any other related topic, you can call the Employment Agency Inspectorate Helpline on Tel 028 9025 7796 or email eai@economy-ni.gov.uk. They will take note of the points you raise, seek further advice if necessary, and advise appropriately.
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Employment Agency Inspectorate: prosecutions
Steps taken when employment businesses or agencies are prosecuted by the Employment Agency Inspectorate.
The Employment Agency Inspectorate (EAI) can refer cases for prosecution where a person breaches the requirements of the 1981 Order or Conduct Regulations while running an employment agency or employment business.
This can include anyone who:
- breaches the ban on charging fees to workers
- fails to comply with any of the conduct regulations
- makes, causes to be made, or knowingly allows false entries to be made in any record or document that has to be kept under the 1981 Order or Conduct Regulations
- doesn't comply with a prohibition order without a reasonable excuse
In addition, any person who obstructs an officer in carrying out their duty will be guilty of an offence and liable to a fine not exceeding £1,000.
Prohibition orders
A prohibition order may either:
- prevent a person from running an employment agency or business or any version of these specified in the order
- impose conditions under which they may be allowed to run an employment agency or business
Read further guidance on the Employment Agency Inspectorate.
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Employment agencies and employment businesses: keeping work-seekers' records
In this guide:
- Employment agencies and employment businesses: record keeping
- Employment agencies and employment businesses: keeping work-seekers' records
- Employment agencies and businesses: keeping hiring company records
- Keeping records for multiple employment agencies
- How long to store employment agency and business records
- Employment Agency Inspectorate: compliance and enforcement
- Employment agencies: penalties for non-compliance
- Employment Agency Inspectorate: prosecutions
Employment agencies and employment businesses: keeping work-seekers' records
Guidance on the types of records employment agencies and employment businesses need to keep in relation to work-seekers.
There are certain records you must keep when running an employment agency or business about applications from work-seekers.
However, you are not required to keep the details of a work-seeker if you take no action to find them work. For example, if you receive a high volume of speculative CVs, which are not used, records need not be retained on each work-seeker whose CV is not used.
Records data you must keep
You must keep the following records on work-seekers you find, or attempt to find, work for:
- the date their application was received
- their name, address, and, if under 22 years old, their date of birth as well
- any terms which apply, or will apply, between the agency or employment business and the work-seeker
- any document recording variation to the terms between the employment agency or business
- details of their training, experience, qualifications, and any authorisation to undertake particular work (and copies of any documents provided to you relating to this)
- details of any requirements specified by the work-seeker in relation to taking up employment
- names of hirers to whom the work-seeker is introduced or supplied
- details of any resulting engagement and the date from which it takes effect
- a copy of any contract between the work-seeker and a hirer that you entered into on the work-seekers behalf
- the date any applications are withdrawn or contracts are terminated
- details of enquires about the work-seeker and the position concerned - with copies of all relevant documents and dates they were received or sent
Charging fees and records you must keep
If you are permitted to charge fees to work-seekers (ie agencies in the entertainment sector), you should also keep records of either:
- the dates of requests for fees from the work-seeker and receipts of fees or payments, with copy statements or invoices, numbers, and amounts, or
- statements of dates and amounts of sums deducted from the money you received on the work-seekers behalf when you operated a 'client account' to hold the work-seekers money
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Employment agencies and businesses: keeping hiring company records
Records that must be kept by employment agencies or employment businesses in contact with companies hiring new staff.
There are certain records you must keep when running an employment agency or business about any companies hiring staff who contact you with job vacancies.
Records you must keep when dealing with companies hiring staff
- The date their application is received.
- The hiring company's name and address, and the location of employment they are offering if different.
- Details of the job role or roles the hirer seeks to fill.
- Duration or likely duration of the job role.
- Experience, training, ability, qualifications, and authorisation are required either by the hiring company, by law, or by any professional body.
- The terms offered in respect of the job role or roles the hirer seeks to fill.
- Any other conditions attached to the job role or roles the hirer seeks to fill.
- Copy of the terms between the employment agency or business and the hiring company, and any document recording any variation on these terms.
- Names of job-seekers introduced to or supplied to the hiring company.
- Details of inquiries about the hiring company and the position the hirer seeks to fill, with copies of all relevant documents and dates of their receipt.
- Details of each resulting engagement and the date from which it takes effect.
- Dates of requests by the employment agency or business for fees or other payment from the hiring company and of receipt of such fees or other payments, and copies of statements or invoices.
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Keeping records for multiple employment agencies
The records that must be kept when dealing with more than one employment agency or employment business.
There are certain records you must keep when running an employment agency or business when more than one employment agency or employment business is involved with the work-seeker or hirer.
Records you must keep: multiple employment agencies
- names of any other agencies or employment businesses whose services the agency or employment business uses
- details of enquiries about that agency or employment business's suitability, with copies of all relevant documents and dates the enquiries were made and the answers received
- date and copy of any agreement with the other agency
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How long to store employment agency and business records
The length of time employment agency and employment business records must be kept for.
All the records relating to either work-seekers, hirers or situations where more than one employment agency or business is involved must be kept for at least one year after their creation.
Records relating to applications from hirers and work-seekers must be retained for at least one year following the date that the agency or employment business last provided its services to that work-seeker or hirer.
If you run a modelling or entertainment agency, client account records must be kept for a minimum of six years. For further information see entertainment and modelling agencies.
You can keep records at the premises where you trade or elsewhere. You must make sure they are readily accessible and can be delivered to the trading premises to which they relate - ie the premises at which the work-seeker/hirer is registered or employed, or premises you carry out the business with any other employment agency or employment business.
If a request for records is made by an Employment Agency Inspectorate inspector they must be delivered no later than the end of the second business day following the day the request for them is made. For example, if a request for records is made on a Monday, you must be able to deliver them by the end of Wednesday.
Records can be kept in electronic form provided they are capable of being reproduced in a legible form.
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Employment Agency Inspectorate: compliance and enforcement
The role of the Employment Agency Inspectorate in ensuring employment agencies and businesses comply with the law.
The Department for the Economy's Employment Agency Inspectorate (EAI) is responsible for regulating the conduct of employment agencies and employment businesses in Northern Ireland.
The EAI's main way to check that employment agencies and businesses are complying with the law is by sending inspectors to visit the agency or business and carry out an inspection.
EAI inspectors investigate complaints, follow up allegations of misconduct, and undertake targeted checks of employment agencies and businesses.
All EAI inspectors carry official identification. They are able to enter domestic or commercial premises that they have reason to believe are used, or have been used, for the purposes of an employment agency or business. They have powers to inspect those premises and any records or documents necessary to ensure compliance with The Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 (as amended) and The Conduct of Employment Agencies and Employment Businesses Regulations (Northern Ireland) 2005 (as amended).
Inspectors may require proof to decide whether employment agencies and businesses are complying with their legal obligations. They can specifically request documents and financial records to ensure compliance while they are on the premises. Inspectors may also copy documents, or remove documents for the purposes of copying them or request in writing any record, document, or information be provided to them at a time and place of their choice so avoiding the need to revisit the premises.
For the definitions of an employment business and an employment agency, see employment agencies and employment businesses.
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Employment agencies: penalties for non-compliance
Action that can be taken by the Employment Agency Inspectorate when an employment agency does not comply with its legal duties.
Employment Agency Inspectorate (EAI) inspectors will inform the employment agency or business of instances of non-compliance and explain what their legal requirements are.
If an employment agency or business is not complying with their legal obligations they will be sent an infringement letter detailing the issues which require their attention in order to achieve compliance, and the steps needed to correct them. You will be required to provide evidence that you have addressed the non-compliance issues accordingly. There may be a follow-up inspection by the EAI to ensure that remedial action has been taken.
See EAI legislation and enforcement.
Penalties for serious non-compliance issues
If the matter is particularly serious or the employment agency or business does not take corrective action, the EAI will consider recommending a prosecution and/or making an application for a Prohibition Order in an Industrial tribunal.
Certain breaches of the legislation are criminal offences that can be tried in the Magistrates' Court, where the maximum fine is £5,000 for each offence, or in the Crown Court where the fine is unlimited.
The EAI can make an application to an Industrial Tribunal for a Prohibition Order on account of a person's misconduct or unsuitability. The maximum ban is ten years.
See the EAI enforcement policy.
If you have a question about an EAI inspection or any other related topic, you can call the Employment Agency Inspectorate Helpline on Tel 028 9025 7796 or email eai@economy-ni.gov.uk. They will take note of the points you raise, seek further advice if necessary, and advise appropriately.
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Employment Agency Inspectorate: prosecutions
Steps taken when employment businesses or agencies are prosecuted by the Employment Agency Inspectorate.
The Employment Agency Inspectorate (EAI) can refer cases for prosecution where a person breaches the requirements of the 1981 Order or Conduct Regulations while running an employment agency or employment business.
This can include anyone who:
- breaches the ban on charging fees to workers
- fails to comply with any of the conduct regulations
- makes, causes to be made, or knowingly allows false entries to be made in any record or document that has to be kept under the 1981 Order or Conduct Regulations
- doesn't comply with a prohibition order without a reasonable excuse
In addition, any person who obstructs an officer in carrying out their duty will be guilty of an offence and liable to a fine not exceeding £1,000.
Prohibition orders
A prohibition order may either:
- prevent a person from running an employment agency or business or any version of these specified in the order
- impose conditions under which they may be allowed to run an employment agency or business
Read further guidance on the Employment Agency Inspectorate.
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Employment businesses - content of terms with work-seekers
In this guide:
- Running an employment agency or business
- Before starting an employment agency or business
- Supplying limited company contractors
- Employment businesses - content of terms with work-seekers
- Employment businesses - content of terms with hiring companies
- Before placing a worker with a hirer
- Employment businesses - additional checks
- Employment businesses - protection of the work-seeker and the hirer
- When work-seekers must travel or live away from home
- Employment agencies providing additional services and goods
- Paying work-seekers
- Charging transfer fees to hiring companies
Before starting an employment agency or business
Actions that should be taken before opening an employment agency or employment business.
If you are operating as an employment business you must agree written terms and conditions with work-seekers and hirers before you undertake any work-finding services. For more information see employment businesses - content of terms with work-seekers and employment businesses - content of terms with hiring companies.
Additional services
If you provide any additional services, such as CV writing, accommodation, transport etc, this should be covered in a separate document and issued to work-seekers before providing these services - see employment agencies - providing additional services and goods.
Additional rules apply to employment agencies and businesses operating in the entertainment or modelling sectors - see entertainment and modelling agencies.
Advertisements
You must not advertise a vacancy unless you have obtained full details of the specific position advertised and the authority of the hirer to find work-seekers for that position or the authority of an agency or employment business which has the authority to issue the advertisement.
Every advertisement must include the full name of the agency or the employment business and confirmation of whether the vacancy is 'temporary' or 'permanent'.
Where the rate of pay is included in the advertisement it must also include the nature of the work, the location, the minimum experience levels and details of any training required.
More than one employment agency or employment business involved
If you agree with another employment agency or employment business to facilitate the provision of work-finding services to a work-seeker or hirer, you must make enquiries to establish that the other agency/business is suitable to act as such and there must be satisfactory answers to those enquiries.
You must also agree in which capacity each of you will act - ie as an employment agency or an employment business. For details about records of enquiries see employment agencies and employment businesses: record keeping responsibilities.
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Supplying limited company contractors
Factors to consider when a limited company hires work-seekers.
If you supply work-seekers who provide their services through a limited company such work-seekers are covered by these rules (unless they have given notice to opt out - see below). Any references to a work-seeker in this guide also includes a work-seeker that is a limited company and, in most cases, the person who is or would be supplied by the 'work-seeker' (limited company) to carry out the work.
Limited company contractors and those persons they supply can agree not to be covered by the regulations provided they give notice to 'opt-out' of the regulations before they are introduced or supplied to a hirer.
Where an incorporated work-seeker has 'opted out' of the regulations, you must inform the hirer that the worker has 'opted out' and the regulations will therefore not apply.
A work-seeker can withdraw the opt-out notice after they have commenced working with a hirer but the withdrawal of the opt-out notice will only be effective when the work-seeker (or the person supplied to do the work) stops working in that position.
The 'opt-out' provision does not apply to those limited company work-seekers who will be supplied to work with vulnerable people.
Entering into contracts with hirers and work-seekers
Employment businesses
Where you operate as an employment business you cannot enter into a contract on behalf of a work-seeker with a hirer or on behalf of a hirer with a work-seeker.
Employment agencies
Where you operate as an employment agency you can only enter into a contract with a work-seeker on behalf of a hirer if the hirer has given you authority to do so. You can only enter into a contract with a hirer on behalf of a work-seeker if the work-seeker is seeking employment in the entertainment sector and the work-seeker has given you authority to enter into such contracts.
Whether you act for the work-seeker or hirer you must inform your client of the terms of the contract within five business days of entering into that contract.
When agreeing to the terms of a contract you cannot act on behalf of both the work-seeker and the hirer.
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Employment businesses - content of terms with work-seekers
Terms that should be agreed with those looking to seek work.
Before starting to find work for work-seekers you must agree the terms that will apply with the work-seeker. These should include:
- a statement that the services provided will be those of an employment business
- the type of work you will find or seek to find for the work-seeker
- whether those work-seekers are or will be employed by you under a contract of service, or apprenticeship, or a contract for services, and the terms of employment that will apply
- an undertaking that you will pay the work-seeker for all work done by the work-seeker regardless of whether or not you are paid by the hirer
- the length of notice which the work-seeker will be required to give and entitled to receive from the employment business in respect of particular assignments with hirers
- either the rate of pay payable to the work-seeker, or the minimum rate of pay which you reasonably expect to achieve for the work-seeker
- details of the intervals at which remuneration will be paid (for example, weekly in arrears etc)
- the amount of holiday and details of payment for holiday that will be given - the majority of work-seekers will be covered by The Working Time (Amendment) Regulations (Northern Ireland) 2023 and, therefore, will be entitled to statutory holiday pay
Where the work-seeker is a limited company (and not opted out of the regulations) and where annual leave provisions would not apply, you must detail any period of absence that a limited company work-seeker may be entitled to and to be paid for.
If you and the work-seeker agree any changes to the terms, you must, as soon as reasonably practicable after the changes have been agreed, give the work-seeker a new document setting out details of the changes and stating the date that the varied terms take effect.
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Employment businesses - content of terms with hiring companies
Terms and conditions that should be agreed with hirer the first time you provide a service to them.
Before providing a service to a hirer you must agree with the hirer the terms and conditions which apply or will apply between you and the hirer.
You should give them a statement that the services provided will be those of an employment business (ie supplying temporary workers).
Details of fees
You should also set out the details of any fees which may be payable to the agency or employment business by the hirer including:
- the amount of the fee or its method of calculation
- the circumstances, if any, in which refunds or rebates are payable to the hirer or, if none are payable, a statement to that effect
Procedure for unsatisfactory worker performance
Finally you should set out the procedure to be followed if you supply a work-seeker to a hirer who proves unsatisfactory. For example:
- how the hirer should notify you if a temporary worker supplied is not satisfactory - including the time limits for doing this
- what you will do as a consequence eg terminate the worker's assignment, seek to rectify the problem or supply an alternative work-seeker
You must ensure that all of the terms between you and the hirer are recorded and that a copy is provided to the hirer as soon as is practical. This will normally take the form of a set of business terms or a letter setting out all the terms agreed.
If you and the hirer agree any changes to the terms, you must, as soon as reasonably practical after the changes have been agreed, give the hirer a new document setting out details of the changes and stating the date that the varied terms take effect.
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Before placing a worker with a hirer
Information that should be obtained before you place a worker with a hirer.
As an employment agency or business, before placing a work-seeker with a hirer you must obtain sufficient information from the hirer about that position including:
- the identity of the hirer and, if applicable, the nature of the hirer's business
- the date on which the hirer requires a work-seeker to start work and the duration of the work
- the position the hirer is seeking to fill, including the type of work, location, working hours and any health and safety risks and controls
- the experience, training and qualifications which the hirer requires for the post or are necessary by law
- any expenses payable by or to the work-seeker
- (in the case of an agency) the minimum rate of remuneration, benefits, method of payment, and, where applicable, notice periods for termination of employment
If you operate as an employment business or you operate as an employment agency which is introducing workers where the worker will be working with vulnerable people you must:
- ensure a work-seeker has the experience, training, qualifications and any authorisation required by the hirer by law or by any professional body
- seek confirmation of the work-seeker's identity
For further information see employment agencies and employment businesses: record keeping.
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Employment businesses - additional checks
Checks that should be taken by employment agencies or businesses when supplying work-seekers who work with or care for vulnerable people.
As an employment business, if you supply or introduce a work-seeker where professional qualifications are required you should obtain copies of any relevant qualifications and make them available to the hirer.
As an employment agency or employment business if you supply or introduce a work-seeker who is required to work with or care for vulnerable people you must obtain two references on the work-seeker and make them available to the hirer, as well as carrying out checks to make sure the work-seeker is suitable to work in the position.
Where you have tried to obtain copies of the relevant qualification or references but have been unable to do so you must inform the hirer that you have made reasonable attempts to obtain this information and explain what steps you have taken.
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Employment businesses - protection of the work-seeker and the hirer
Steps the employment agency or employment business must take to ensure both parties are aware of what is required of them.
As an employment agency or employment business you must not introduce or supply a work-seeker to a hirer unless you have taken reasonable steps to ensure that the work-seeker and the hirer are each aware of any requirements imposed by law, or by any professional body, in order for the work-seeker to take up the position.
You must also make enquiries to ensure that it would not be detrimental to the interests of the work-seeker or the hirer for the work-seeker to work for the hirer.
Where you operate as an employment business and you receive information that indicates that a work-seeker may be unsuitable for the position you must:
- inform the hirer of that information
- make further enquiries as to the suitability of the work-seeker and inform the hirer of these enquiries
Where the enquiries indicate that a work-seeker is unsuitable for the position, or information is received that indicates the work-seeker is not suitable, you must, without delay:
- inform the hirer of that information
- end the supply of that work-seeker to the hirer
Where you operate as an employment agency, and have introduced a work-seeker to a hirer, and you subsequently receive information within a period of three months from the date of introduction, which indicates that the work-seeker is or may be unsuitable for the position with the hirer you must inform the hirer of that information without delay.
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When work-seekers must travel or live away from home
Employment agencies or businesses, work-seekers and providing travel or accommodation.
You must not arrange work for a work-seeker (except in situations where they are given a contract of employment by the hirer) if in order to take up that work the work-seeker must live away from home, unless you have taken all reasonable steps to ensure that:
- suitable accommodation will be available before the work-seeker starts work
- the work-seeker has been informed of details of the accommodation including any cost and the arrangements to travel to such accommodation
Where the work-seeker is not the employee of the hirer or the work-seeker is under 18 years of age, and free travel or payment is arranged for the work-seeker's journey to work, you must, if the work does not start or when it finishes either:
- arrange free travel for the return journey
- pay the work-seeker's return fare, or
- obtain an undertaking from the hirer that he/she will arrange free return travel or pay the return fare
You must set out these arrangements in writing for the work-seeker.
Where a hirer does not comply with its undertaking to arrange free return travel or pay the return fare, you must bear this cost for the work-seeker.
You must not introduce or supply a work-seeker who is under the age of 18 for a position if they are required to live away from home, unless you have obtained direct written consent from a parent or guardian.
If you issue a loan to a work-seeker to meet their travel or other expenses to take up a position, you cannot require the work-seeker to repay a sum greater than the sum loaned.
Au pairs
Where the work-seeker is an au pair you must not arrange employment for them if they are required to repay either you or the hirer for the fare between the au pair's home and place of work.
You can require that the au pair pays their own fare from their home to the place of employment but neither you nor the hirer can require that the cost of the fare comes out of the au pair's pay.
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Employment agencies providing additional services and goods
Rules and legal requirements for employment agencies that provide additional services or goods to jobseekers.
You are allowed to charge jobseekers for additional services eg CV writing or transport to jobs. However you are not allowed to charge individuals seeking work for work-finding services unless you are an employment agency in the entertainment sector - see entertainment and modelling agencies.
If you are providing additional services you or anyone connected with your business cannot make the provision of work-finding services conditional on jobseekers using any of these additional services.
Additional services provided by an employment agency
If you provide someone seeking work with more than one service, you must inform them:
- which services are the work-finding services for which you cannot charge them a fee
- which services are the additional services or goods that you can charge for and provide them with details of any such fee, ie the amount or method of calculation of the fee, who the fee will be payable to, a description of what the fee relates to, and the circumstances (if any) in which refunds or rebates are payable to jobseeker
Before providing additional services you must give the jobseeker details of:
- their right to cancel the services at any time, without detriment or penalty
- the amount of notice required if the work-seeker wishes to cancel - ie five working days or ten working days for the provision of living accommodation
If there is a change to the fees for the services offered or the goods provided, you should give the jobseeker further notice detailing the changes.
If you offer any gift or make an offer of any benefit to a jobseeker, for example to entice them to use your services, you must make clear the terms and conditions on which the gift or benefit is offered.
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Paying work-seekers
The payment guidelines you must follow when operating as an employment agency or employment business.
If you operate as an employment agency and introduce a work-seeker to a hirer for employment by the hirer you cannot be responsible for paying the work-seeker remuneration arising from the work-seeker's employment with the hirer.
Separate rules apply to entertainment and modelling agencies. For further information see entertainment and modelling agencies.
If you are an employment business supplying temporary work-seekers you are responsible for paying the work-seekers. You must pay a temporary work-seeker for all the hours they work.
Even if you have not been paid by the hiring company or the work-seeker has not supplied you with a time sheet authorised or signed by the hirer verifying the hours worked by that work-seeker, you must still pay the work-seeker for the hours they have worked.
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Charging transfer fees to hiring companies
Employment agencies and businesses and using transfer fees fairly.
As an employment business you cannot use transfer fees unreasonably as a means of discouraging or deterring hirers from:
- offering permanent work to temporary workers
- having workers supplied through a different employment business
- introducing workers to a third party to be employed by that party
You can charge transfer fees to hirers to protect your legitimate business interests, in three situations:
- Temp-to-perm fees - when you have supplied a temporary worker who is then taken on directly by the hiring company.
- Temp-to-temp fees - if the hiring company changes agency but wants to keep on a temporary worker you supplied, meaning that the worker has to change agency.
- Temp-to-third-party fees - if the hiring company introduces a temporary worker you supplied to another person that goes on to employ them.
It is unlawful for you to seek to charge a transfer fee (following the supply of a worker) in any other situation. A hirer is entitled to recover any money they have paid for unlawful transfer fees.
Temp-to-perm and temp-to-temp fees
You can charge a transfer fee in temp-to-perm and temp-to-temp situations provided the hirer is given the option to have the worker supplied by you for a specified period of hire, at the end of which the worker will transfer without charge instead of paying the transfer fee.
Where the hirer has opted for a specified period of hire, you must supply the worker for the entirety of that period (unless you are prevented from so doing in circumstances that are not your fault). The supply terms cannot be less favourable to the hirer than those which applied prior to the hirer opting for the specified hire period. In order for a transfer fee to be payable, the transfer of the work-seeker must take place within the 'relevant period'.
The 'relevant period' is whichever of the following periods ends later:
- 14 weeks beginning from the first day on which the worker worked for the hirer having been supplied by the employment business
- eight weeks starting from the day after the day on which the worker last worked for the hirer having been supplied by the employment business
Where there has been more than one assignment care must be taken in calculating the correct start date for the 14-week period. If there was a break of more than 42 days (six weeks) between assignments this will break continuity and the later assignment will be taken as the first assignment. Where there has been a break of 42 days or less this will not trigger the start of a new 14-week period.
Temp-to-third party fees
If you supplied a worker who your client introduced to a third party you can charge a transfer fee following the same principles as a temp-to-perm or temp-to-temp fee - but you do not have to offer the client a choice between the transfer fee and an extended period of hire.
Situations where you introduce but do not supply a temporary worker
If you introduce a worker rather than supply them you can charge a fee - often called an introduction fee.
The fee should follow the same principles as the temp-to-perm and temp-to-temp fees but there is no limit on the period during which such a transfer must occur. The hirer must be given the option to have the worker supplied by you for a specified period of hire, at the end of which the worker will transfer without charge instead of paying the transfer fee. There is no limit on the agreed specified period of hire or the level of the transfer fee.
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Higher education funding
What higher education is
Types of higher education qualifications that are available to your employees
Higher education qualifications are generally viewed as being Levels 4-8 of the Framework for Higher Education Qualifications (FHEQ):
- Level 8 - Doctoral Degrees
- Level 7 - Masters Degrees, Integrated Master's Degrees, Postgraduate Diplomas, Postgraduate Certificate in Education (PGCE), Postgraduate Certificates
- Level 6 - Bachelor Degrees with Honours, Bachelor's Degrees, Professional Graduate Certificate in Education (PGCE), Graduate Diplomas, Graduate Certificates
- Level 5 - Foundation Degrees, Diplomas of Higher Education DipHE), Higher National Diplomas (HND)
- Level 4 - Higher National Certificates (HNC), Certificates of Higher Education (CertHE)
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Higher education business support
Higher education offers a diverse range of courses and qualifications for your employees
Other support available to businesses through higher education include some of the following.
Learning programmes
There are also learning programmes that are explicitly marketed as supporting workforce development.
These usually try to develop technical knowledge and skills, and can range from non-accredited short courses e.g. days or weeks - to undergraduate and postgraduate qualifications with a vocational focus.
These may include CPD (Continuing Professional Development) and opportunities to gain professional qualifications.
Business advice and staff training
The higher education sector can also provide business advice and staff training at all levels, including distance or e-learning, or part-time courses on a wide variety of topics e.g. leadership and management skills, HR, finance, marketing and customer service.
Courses may be taught or held in various places, depending on who is providing the course. For example, higher education courses may be taught at universities, or at further education colleges. The Northern Ireland universities partner with further education colleges, where students register at a university but are taught at a partner college.
Knowledge Transfer Partnerships
The Knowledge Transfer Partnerships (KTP) scheme helps businesses improve their competitiveness, productivity and performance through better use of knowledge, technology and skills.
Find out more about Knowledge Transfer Partnerships.
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Benefits of higher education and work-based learning
Types of higher education qualifications and how they can improve motivation and reduce staff turnover
Many higher education or vocational training programmes can be tailor-made for your specific business or sector needs.
Some courses can be held in part or in their entirety at your own business premises, or may involve substantial use of e-learning, while vocational courses may be taught at these or at specialist institutions.
Employee benefits of higher education
Higher education can allow your employees to:
- keep up to date with business and professional developments e.g. continuous professional development (CPD) is required in specific professions, such as teaching or accountancy
- improve their chances of progressing within your business and make a higher value contribution to your business success
- improve their earnings potential within your company and industry
- further develop their 'employability' skills - transferable skills such as numeracy, communication and information technology
Business benefits of higher education
Higher education also brings benefits to your business.
In addition to the specialist knowledge that a higher qualification brings, your business will have employees who have the confidence and ability to assess existing business practices and alternative approaches. This can help incorporate operational improvements and best practices within your business.
In addition, your business can:
- access training that realises the full potential of your staff while meeting your business' organisational needs
- use advanced training to implement your strategic plans more effectively, transfer knowledge and improve your employees' skills base
- promote your business as having a learning culture and attract new staff with attractive work-related training opportunities
- incentivise your staff through awards that link to a national framework and encourage progression
- gain accreditation for in-house programmes and enable your staff to gain credits towards higher education-level qualifications
- benefit from increased confidence and motivation among staff, reduced staff turnover rates and all-round better company performance
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Higher education funding
Financial considerations when getting involved in higher education
The Department for the Economy (DfE) provides funding towards higher education provision in Northern Ireland.
Find out more about higher education finance and governance.
Sharing training costs with other businesses
Your business may also be able to link up with other local businesses who are interested in a specific type of training - to group smaller learner numbers and share some of the costs.
Some Sector Skills Councils (SSCs) and Chambers of Commerce and Industry can assist with such arrangements as part of their work to help businesses and their employees improve their skills. In some cases this may involve employers in a supply-chain or across an industrial sub-sector collaborating this way. SSCs are government-sponsored, employer-led organisations that cover specific industry sectors.
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Recruiting higher education students
Ways to incorporate higher education skills into your business
Studying for a degree involves time management, communication and organisational skills, and the ability to learn quickly. Graduates should be equipped with these skills, along with more specific knowledge and experiences that can be valuable to your business.
However, finding the right person for your needs can be difficult. Offering internships, work placements or undergraduate projects for students can enable you to 'test out the talent' before committing to hiring individuals.
Help with recruiting graduates
The higher education sector is very good at matching students to work experience and project work opportunities. Many have placement advisers/officers working within the university's career service or a dedicated team that can help. If you have an opportunity to offer, contacting your local university would be a good place to start.
Submit a training needs enquiry across the UK
If your local search does not provide you with the solution you need, you can submit a training needs enquiry through the Training Gateway.
You need to give clear information to obtain the best results. Universities and colleges throughout the country can then consider it and respond by email, detailing what courses or programmes they can offer.
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Benefits of higher education and work-based learning
What higher education is
Types of higher education qualifications that are available to your employees
Higher education qualifications are generally viewed as being Levels 4-8 of the Framework for Higher Education Qualifications (FHEQ):
- Level 8 - Doctoral Degrees
- Level 7 - Masters Degrees, Integrated Master's Degrees, Postgraduate Diplomas, Postgraduate Certificate in Education (PGCE), Postgraduate Certificates
- Level 6 - Bachelor Degrees with Honours, Bachelor's Degrees, Professional Graduate Certificate in Education (PGCE), Graduate Diplomas, Graduate Certificates
- Level 5 - Foundation Degrees, Diplomas of Higher Education DipHE), Higher National Diplomas (HND)
- Level 4 - Higher National Certificates (HNC), Certificates of Higher Education (CertHE)
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Higher education business support
Higher education offers a diverse range of courses and qualifications for your employees
Other support available to businesses through higher education include some of the following.
Learning programmes
There are also learning programmes that are explicitly marketed as supporting workforce development.
These usually try to develop technical knowledge and skills, and can range from non-accredited short courses e.g. days or weeks - to undergraduate and postgraduate qualifications with a vocational focus.
These may include CPD (Continuing Professional Development) and opportunities to gain professional qualifications.
Business advice and staff training
The higher education sector can also provide business advice and staff training at all levels, including distance or e-learning, or part-time courses on a wide variety of topics e.g. leadership and management skills, HR, finance, marketing and customer service.
Courses may be taught or held in various places, depending on who is providing the course. For example, higher education courses may be taught at universities, or at further education colleges. The Northern Ireland universities partner with further education colleges, where students register at a university but are taught at a partner college.
Knowledge Transfer Partnerships
The Knowledge Transfer Partnerships (KTP) scheme helps businesses improve their competitiveness, productivity and performance through better use of knowledge, technology and skills.
Find out more about Knowledge Transfer Partnerships.
Developed withContent category
Source URL
/content/higher-education-business-support
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Benefits of higher education and work-based learning
Types of higher education qualifications and how they can improve motivation and reduce staff turnover
Many higher education or vocational training programmes can be tailor-made for your specific business or sector needs.
Some courses can be held in part or in their entirety at your own business premises, or may involve substantial use of e-learning, while vocational courses may be taught at these or at specialist institutions.
Employee benefits of higher education
Higher education can allow your employees to:
- keep up to date with business and professional developments e.g. continuous professional development (CPD) is required in specific professions, such as teaching or accountancy
- improve their chances of progressing within your business and make a higher value contribution to your business success
- improve their earnings potential within your company and industry
- further develop their 'employability' skills - transferable skills such as numeracy, communication and information technology
Business benefits of higher education
Higher education also brings benefits to your business.
In addition to the specialist knowledge that a higher qualification brings, your business will have employees who have the confidence and ability to assess existing business practices and alternative approaches. This can help incorporate operational improvements and best practices within your business.
In addition, your business can:
- access training that realises the full potential of your staff while meeting your business' organisational needs
- use advanced training to implement your strategic plans more effectively, transfer knowledge and improve your employees' skills base
- promote your business as having a learning culture and attract new staff with attractive work-related training opportunities
- incentivise your staff through awards that link to a national framework and encourage progression
- gain accreditation for in-house programmes and enable your staff to gain credits towards higher education-level qualifications
- benefit from increased confidence and motivation among staff, reduced staff turnover rates and all-round better company performance
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Source URL
/content/benefits-higher-education-and-work-based-learning
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Higher education funding
Financial considerations when getting involved in higher education
The Department for the Economy (DfE) provides funding towards higher education provision in Northern Ireland.
Find out more about higher education finance and governance.
Sharing training costs with other businesses
Your business may also be able to link up with other local businesses who are interested in a specific type of training - to group smaller learner numbers and share some of the costs.
Some Sector Skills Councils (SSCs) and Chambers of Commerce and Industry can assist with such arrangements as part of their work to help businesses and their employees improve their skills. In some cases this may involve employers in a supply-chain or across an industrial sub-sector collaborating this way. SSCs are government-sponsored, employer-led organisations that cover specific industry sectors.
Developed withAlso on this siteContent category
Source URL
/content/higher-education-funding
Links
Recruiting higher education students
Ways to incorporate higher education skills into your business
Studying for a degree involves time management, communication and organisational skills, and the ability to learn quickly. Graduates should be equipped with these skills, along with more specific knowledge and experiences that can be valuable to your business.
However, finding the right person for your needs can be difficult. Offering internships, work placements or undergraduate projects for students can enable you to 'test out the talent' before committing to hiring individuals.
Help with recruiting graduates
The higher education sector is very good at matching students to work experience and project work opportunities. Many have placement advisers/officers working within the university's career service or a dedicated team that can help. If you have an opportunity to offer, contacting your local university would be a good place to start.
Submit a training needs enquiry across the UK
If your local search does not provide you with the solution you need, you can submit a training needs enquiry through the Training Gateway.
You need to give clear information to obtain the best results. Universities and colleges throughout the country can then consider it and respond by email, detailing what courses or programmes they can offer.
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Entertainment and modelling agencies: cooling-off periods
In this guide:
- Entertainment and modelling agencies
- Entertainment and modelling agencies: agreeing terms with jobseekers
- Entertainment and modelling agencies: charging fees to certain jobseekers
- Exceptions for up-front fees for fashion and photographic models
- Entertainment and modelling agencies: providing additional services to jobseekers
- Entertainment and modelling agencies: cooling-off periods
- Entertainment and modelling agencies: client accounts
- Entertainment and modelling agencies: accounts and records
Entertainment and modelling agencies: agreeing terms with jobseekers
Terms must be agreed with the jobseeker before you help them to find work.
You must issue terms to jobseekers before providing any work-finding services.
What should the terms include?
The jobseekers terms must include:
- details of the work-finding services you will provide
- your authority, if any, to act on behalf of the jobseeker, and to enter into contracts on their behalf
- whether you are authorised to receive money on behalf of the jobseeker
- details of any fee which may be payable by the jobseeker eg commission fee for finding them work) including details of any refund provisions
- how the fee is to be paid or collected
- the length of notice which the jobseeker is required to give and entitled to receive from you to terminate the contract
Agreeing jobseekers terms for publications or websites
Where you provide the jobseeker with a work-finding service that includes inserting information about them in a publication or a website and you intend to charge them a fee for this service, prior to them carrying out any work, the terms must include:
- that you will not charge a fee to the jobseeker during the 'cooling off period' - see entertainment and modelling agencies: cooling off periods
- that the jobseeker has the right without detriment or penalty to cancel or withdraw from the contract during the cooling off period
- that you will not include information about the jobseeker in a publication until seven days have elapsed from the date they agreed to the publication service (or, where the jobseeker is seeking employment as an actor, background artist, dancer, extra, musician, singer or other performer, until the jobseeker's reasonable requests for amendments have been addressed)
- that the jobseeker is entitled to receive a full refund of the fees paid if the publication is not produced within 60 days from the date of payment
Furthermore, where the terms are issued to a jobseeker seeking employment as an actor, background artist, dancer, extra, musician, singer, or other performer, and you are going to include their information in a publication, the terms must include:
- that you will make a copy of the information available to the jobseeker
- inform the jobseeker of their right to object and the time limit for exercising that right is seven days - during which the information should not be included in the publication
Ensure agreed terms are recorded
You must ensure that the terms are recorded in a document and issued to the jobseeker before the provision of any service.
If you and the jobseeker agree to any changes to the terms, you must, as soon as possible, after the changes have been agreed, give the worker a new document setting out the details of the changes and stating the date the varied terms take effect.
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Entertainment and modelling agencies: charging fees to certain jobseekers
Subject to certain rules, you can charge fees to certain jobseekers for work-finding services in the acting, entertainment or modelling sectors.
If you run an employment agency you can charge fees to certain jobseekers for work-finding services in the acting, entertainment, or modelling sectors, subject to the rules below.
You can only charge fees or commission out of the jobseeker's earnings from employment you have found for them. Details of the service and fee to be charged must be agreed in writing before it is paid by the hirer or deducted from the worker's earnings.
Fees for including information in publications and on websites
The only up-front fee you can charge is for including the details of certain types of jobseekers in a publication (including on a website) for the purpose of finding them work.
The publication must be wholly aimed at finding jobseekers employment or providing hirers with information about jobseekers.
Types of jobseekers that apply
These types of workers are:
- professional sports person
- actor, musician, singer, dancer, background artist, extra, walk-on or other performer
- composer, writer, artist, director, production manager, lighting cameraman, camera operator, make-up artist, clothes, hair or make-up stylist, film editor, action arranger or co-ordinator, stunt arranger, costume or production designer, recording engineer, property master, film continuity person, sound mixer, photographer, stage manager, producer, choreographer or theatre designer
You can only charge the fee if placing the jobseeker's information in the publication is the only service you are providing eg you are not involved in matching or selecting workers for hirers), or the fee is no more than a reasonable estimate of the cost of production and circulation of the publication attributable to the inclusion of information about that jobseeker in the publication.
In addition, you should make available to the jobseeker a copy of the current edition of the publication in which you are offering to include information about the jobseeker.
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Exceptions for up-front fees for fashion and photographic models
When supplying photographic and fashion models, you cannot charge any up-front fees for work-finding services.
If you supply photographic and fashion models, you cannot charge any up-front fees for work-finding services, which includes placing information about them in a publication on a website.
When can you charge fees?
You can still charge a fee to fashion and photographic models for:
- including information about them in a publication - but you can only take the fee from earnings from work you have found for them
- providing a work-finding service by means of commission or other fees from earnings - as long as the details of the fees are agreed in the terms of your agreement with them
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Entertainment and modelling agencies: providing additional services to jobseekers
Providing additional services to jobseekers in the entertainment or modelling sectors.
In addition to the guide for all employment agencies - providing additional services and goods, where you operate as either an employment agency or an employment business and you provide additional services to jobseekers in the entertainment or modelling sectors, you cannot make a charge for certain services for a period of 30 days from the date of entering into an agreement with the jobseeker.
The services include the production of a photographic image or audio or video recording of the jobseeker.
During the 30-day period the jobseeker shall be entitled without detriment or penalty to cancel or withdraw from any contract for these services with immediate effect and will have no obligation to make any payment for these services.
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Entertainment and modelling agencies: cooling-off periods
Cooling-off periods where you cannot charge a fee if you enter into a contract with a work-seeker in several of the entertainment sectors.
Cooling-off periods when charging fees are as follows:
Actor, background artist, dancer, extra, musician, singer, or other performer
You cannot charge a fee for 30 days from the date you enter into a contract with an actor, background artist, dancer, extra, musician, singer, or other performer for including information about them in a publication or website (including promoting a photographic image or audio or video recording of them). In that 30-day period, they can cancel or withdraw from the contract without penalty and do not have to make any payment under the contract.
If you intend to charge an actor, background artist, dancer, extra, musician, singer, or other performer for including information about them in a publication or website you have to show them the information before it's published and inform them that they have seven days to object.
Note that - rather than waiting until the end of the 30-day period and then waiting for a further seven days for the jobseeker to make any objections - you can agree on the information to be included in the publication during the 30-day period. However, where the objection period has passed and you have addressed any reasonable requirements from the jobseeker, the 30-day period continues to apply in respect of any fees that can be charged under any agreement.
Other workers
You cannot charge a fee for seven days from the date you enter into a contract with a composer, writer, artist, director, production manager, lighting cameraman, camera operator, make-up artist, clothes, hair, or make-up stylist, film editor, action arranger or co-ordinator, stunt arranger, costume or production designer, recording engineer, property master, film continuity person, sound mixer, photographer, stage manager, producer, choreographer or theatre designer for putting information about them in a publication or website (including promoting a photographic image or audio or video recording of them).
In that seven-day period they:
- can cancel or withdraw from the contract without penalty
- do not have to make any payment under the contract
- you shall not include the information in the publication
Refunds
Jobseekers have the right to a refund if no publication is produced and made available to potential hirers within 60 days of the jobseeker paying the fee.
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Entertainment and modelling agencies: client accounts
When an employment agency receives money on behalf of a client the money must be paid into a client account.
Where you operate as an employment agency and you receive money on behalf of a jobseeker (client) the money must be paid into a client account. The account must be in the name of the agency and its title must include the word 'client' and, if the account contains money for a single client, the name of that client.
You must get the jobseeker's consent to make payments out of the client account except where:
- the payment is to repay the money used to open or maintain the account
- the money has been wrongly put into the account
- the money is that which is required by law to be deducted from earnings before it is paid to the client
In these cases the money can be withdrawn, provided that the amount to be withdrawn does not exceed the total amount held in that account for the client.
Payments
Any money that you receive on behalf of a jobseeker and paid into a client account must be paid out to the relevant worker within ten days of you receiving the payment less any agreed or statutory deductions.
Payments can only be held longer than ten days if you have obtained an agreement in writing with the jobseeker. Any agreement must be agreed before the money has been received.
Where you hold on to any money with the agreement of the jobseeker they can request the money to be paid to them from the client account and you must pay this money to them by the end of the second business day from the date of the request.
In addition, where you hold on to money longer than 30 days you must issue a statement to the jobseeker by day 32 and every 30 days thereafter detailing how much money you are holding in the client account for the jobseeker.
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Entertainment and modelling agencies: accounts and records
As an entertainment or modelling agency you are required to maintain sufficient accounts and records to show transactions relating to client money.
You are required to maintain sufficient accounts and records to show transactions relating to any client money you receive on behalf of jobseekers and any other money paid into the client account.
Accounts of client transactions
The accounts should show the current balance of each client's account in the client's ledger. You should ensure that this can be readily obtained. All transactions must be appropriately recorded in a client's cash account or a client's column of a cash account and in a client's ledger or a client's column of a ledger. No other transactions may be recorded in that account, ledger, or columns. All other transactions should be recorded separately.
Record-keeping of client accounts
Agencies must also keep a record, and copies of all invoices and statements in respect of payments made from the client's account. The records must distinguish between fees and expenditures, delivered or made by the agency to its clients.
See employment agencies and employment businesses: record keeping.
Inspection and report of accounts and records
Agencies that are required to keep accounts and records must arrange for them to be inspected by an independent and suitably qualified person. This must be done within ten months of the end of the accounting period.
Agencies that are required to maintain client account(s) must keep and display a copy of the reporting accountant's most recent report at each of their premises so that it can be readily seen.
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Entertainment and modelling agencies: agreeing terms with jobseekers
In this guide:
- Entertainment and modelling agencies
- Entertainment and modelling agencies: agreeing terms with jobseekers
- Entertainment and modelling agencies: charging fees to certain jobseekers
- Exceptions for up-front fees for fashion and photographic models
- Entertainment and modelling agencies: providing additional services to jobseekers
- Entertainment and modelling agencies: cooling-off periods
- Entertainment and modelling agencies: client accounts
- Entertainment and modelling agencies: accounts and records
Entertainment and modelling agencies: agreeing terms with jobseekers
Terms must be agreed with the jobseeker before you help them to find work.
You must issue terms to jobseekers before providing any work-finding services.
What should the terms include?
The jobseekers terms must include:
- details of the work-finding services you will provide
- your authority, if any, to act on behalf of the jobseeker, and to enter into contracts on their behalf
- whether you are authorised to receive money on behalf of the jobseeker
- details of any fee which may be payable by the jobseeker eg commission fee for finding them work) including details of any refund provisions
- how the fee is to be paid or collected
- the length of notice which the jobseeker is required to give and entitled to receive from you to terminate the contract
Agreeing jobseekers terms for publications or websites
Where you provide the jobseeker with a work-finding service that includes inserting information about them in a publication or a website and you intend to charge them a fee for this service, prior to them carrying out any work, the terms must include:
- that you will not charge a fee to the jobseeker during the 'cooling off period' - see entertainment and modelling agencies: cooling off periods
- that the jobseeker has the right without detriment or penalty to cancel or withdraw from the contract during the cooling off period
- that you will not include information about the jobseeker in a publication until seven days have elapsed from the date they agreed to the publication service (or, where the jobseeker is seeking employment as an actor, background artist, dancer, extra, musician, singer or other performer, until the jobseeker's reasonable requests for amendments have been addressed)
- that the jobseeker is entitled to receive a full refund of the fees paid if the publication is not produced within 60 days from the date of payment
Furthermore, where the terms are issued to a jobseeker seeking employment as an actor, background artist, dancer, extra, musician, singer, or other performer, and you are going to include their information in a publication, the terms must include:
- that you will make a copy of the information available to the jobseeker
- inform the jobseeker of their right to object and the time limit for exercising that right is seven days - during which the information should not be included in the publication
Ensure agreed terms are recorded
You must ensure that the terms are recorded in a document and issued to the jobseeker before the provision of any service.
If you and the jobseeker agree to any changes to the terms, you must, as soon as possible, after the changes have been agreed, give the worker a new document setting out the details of the changes and stating the date the varied terms take effect.
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Entertainment and modelling agencies: charging fees to certain jobseekers
Subject to certain rules, you can charge fees to certain jobseekers for work-finding services in the acting, entertainment or modelling sectors.
If you run an employment agency you can charge fees to certain jobseekers for work-finding services in the acting, entertainment, or modelling sectors, subject to the rules below.
You can only charge fees or commission out of the jobseeker's earnings from employment you have found for them. Details of the service and fee to be charged must be agreed in writing before it is paid by the hirer or deducted from the worker's earnings.
Fees for including information in publications and on websites
The only up-front fee you can charge is for including the details of certain types of jobseekers in a publication (including on a website) for the purpose of finding them work.
The publication must be wholly aimed at finding jobseekers employment or providing hirers with information about jobseekers.
Types of jobseekers that apply
These types of workers are:
- professional sports person
- actor, musician, singer, dancer, background artist, extra, walk-on or other performer
- composer, writer, artist, director, production manager, lighting cameraman, camera operator, make-up artist, clothes, hair or make-up stylist, film editor, action arranger or co-ordinator, stunt arranger, costume or production designer, recording engineer, property master, film continuity person, sound mixer, photographer, stage manager, producer, choreographer or theatre designer
You can only charge the fee if placing the jobseeker's information in the publication is the only service you are providing eg you are not involved in matching or selecting workers for hirers), or the fee is no more than a reasonable estimate of the cost of production and circulation of the publication attributable to the inclusion of information about that jobseeker in the publication.
In addition, you should make available to the jobseeker a copy of the current edition of the publication in which you are offering to include information about the jobseeker.
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Exceptions for up-front fees for fashion and photographic models
When supplying photographic and fashion models, you cannot charge any up-front fees for work-finding services.
If you supply photographic and fashion models, you cannot charge any up-front fees for work-finding services, which includes placing information about them in a publication on a website.
When can you charge fees?
You can still charge a fee to fashion and photographic models for:
- including information about them in a publication - but you can only take the fee from earnings from work you have found for them
- providing a work-finding service by means of commission or other fees from earnings - as long as the details of the fees are agreed in the terms of your agreement with them
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Entertainment and modelling agencies: providing additional services to jobseekers
Providing additional services to jobseekers in the entertainment or modelling sectors.
In addition to the guide for all employment agencies - providing additional services and goods, where you operate as either an employment agency or an employment business and you provide additional services to jobseekers in the entertainment or modelling sectors, you cannot make a charge for certain services for a period of 30 days from the date of entering into an agreement with the jobseeker.
The services include the production of a photographic image or audio or video recording of the jobseeker.
During the 30-day period the jobseeker shall be entitled without detriment or penalty to cancel or withdraw from any contract for these services with immediate effect and will have no obligation to make any payment for these services.
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Entertainment and modelling agencies: cooling-off periods
Cooling-off periods where you cannot charge a fee if you enter into a contract with a work-seeker in several of the entertainment sectors.
Cooling-off periods when charging fees are as follows:
Actor, background artist, dancer, extra, musician, singer, or other performer
You cannot charge a fee for 30 days from the date you enter into a contract with an actor, background artist, dancer, extra, musician, singer, or other performer for including information about them in a publication or website (including promoting a photographic image or audio or video recording of them). In that 30-day period, they can cancel or withdraw from the contract without penalty and do not have to make any payment under the contract.
If you intend to charge an actor, background artist, dancer, extra, musician, singer, or other performer for including information about them in a publication or website you have to show them the information before it's published and inform them that they have seven days to object.
Note that - rather than waiting until the end of the 30-day period and then waiting for a further seven days for the jobseeker to make any objections - you can agree on the information to be included in the publication during the 30-day period. However, where the objection period has passed and you have addressed any reasonable requirements from the jobseeker, the 30-day period continues to apply in respect of any fees that can be charged under any agreement.
Other workers
You cannot charge a fee for seven days from the date you enter into a contract with a composer, writer, artist, director, production manager, lighting cameraman, camera operator, make-up artist, clothes, hair, or make-up stylist, film editor, action arranger or co-ordinator, stunt arranger, costume or production designer, recording engineer, property master, film continuity person, sound mixer, photographer, stage manager, producer, choreographer or theatre designer for putting information about them in a publication or website (including promoting a photographic image or audio or video recording of them).
In that seven-day period they:
- can cancel or withdraw from the contract without penalty
- do not have to make any payment under the contract
- you shall not include the information in the publication
Refunds
Jobseekers have the right to a refund if no publication is produced and made available to potential hirers within 60 days of the jobseeker paying the fee.
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Entertainment and modelling agencies: client accounts
When an employment agency receives money on behalf of a client the money must be paid into a client account.
Where you operate as an employment agency and you receive money on behalf of a jobseeker (client) the money must be paid into a client account. The account must be in the name of the agency and its title must include the word 'client' and, if the account contains money for a single client, the name of that client.
You must get the jobseeker's consent to make payments out of the client account except where:
- the payment is to repay the money used to open or maintain the account
- the money has been wrongly put into the account
- the money is that which is required by law to be deducted from earnings before it is paid to the client
In these cases the money can be withdrawn, provided that the amount to be withdrawn does not exceed the total amount held in that account for the client.
Payments
Any money that you receive on behalf of a jobseeker and paid into a client account must be paid out to the relevant worker within ten days of you receiving the payment less any agreed or statutory deductions.
Payments can only be held longer than ten days if you have obtained an agreement in writing with the jobseeker. Any agreement must be agreed before the money has been received.
Where you hold on to any money with the agreement of the jobseeker they can request the money to be paid to them from the client account and you must pay this money to them by the end of the second business day from the date of the request.
In addition, where you hold on to money longer than 30 days you must issue a statement to the jobseeker by day 32 and every 30 days thereafter detailing how much money you are holding in the client account for the jobseeker.
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Entertainment and modelling agencies: accounts and records
As an entertainment or modelling agency you are required to maintain sufficient accounts and records to show transactions relating to client money.
You are required to maintain sufficient accounts and records to show transactions relating to any client money you receive on behalf of jobseekers and any other money paid into the client account.
Accounts of client transactions
The accounts should show the current balance of each client's account in the client's ledger. You should ensure that this can be readily obtained. All transactions must be appropriately recorded in a client's cash account or a client's column of a cash account and in a client's ledger or a client's column of a ledger. No other transactions may be recorded in that account, ledger, or columns. All other transactions should be recorded separately.
Record-keeping of client accounts
Agencies must also keep a record, and copies of all invoices and statements in respect of payments made from the client's account. The records must distinguish between fees and expenditures, delivered or made by the agency to its clients.
See employment agencies and employment businesses: record keeping.
Inspection and report of accounts and records
Agencies that are required to keep accounts and records must arrange for them to be inspected by an independent and suitably qualified person. This must be done within ten months of the end of the accounting period.
Agencies that are required to maintain client account(s) must keep and display a copy of the reporting accountant's most recent report at each of their premises so that it can be readily seen.
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