Apprenticeships, internships and education

Employing children and young people

In this guide:

Employing workers of compulsory school age

Understand the law concerning breaks, conditions and pay for workers of compulsory school age.
You cannot employ children under 13 years old, except when they are involved in areas such as television, theatre, or modelling. Children working in these areas will need a child performance licence from the Education Authority (EA). The Children Entertainment & Employment Team, on behalf of the EA, has responsibility and a specific function for issuing child performance licences, chaperone licences, and child employment permits.

Find further guidance on child employment and how to apply for these licences and permits.

Statutory rules govern the employment of school-age young people and must be adhered to, even if you only want to employ them to do a paper round. No one under 16 years old may be employed in manufacturing, on licensed premises, or in any dangerous activity.

As noted above, in Northern Ireland, a young person can leave school on 30 June if they are aged 16 on or before 1 July of that year. If their 16th birthday falls on or after 2 July they have to wait until the end of the following academic year before they are eligible to leave.

Working conditions limitations

In Northern Ireland, young people under 15 years old may not do any work, paid or unpaid:

before 7am and after 7pm

for more than one hour before school opening time and any time between school opening and finishing time

for more than two hours on a Sunday or school day

for more than five hours on a Saturday or weekday outside term-time

for more than four hours on a Saturday without taking a break of at least one hour

for more than 12 hours in any week in which s/he is required to attend school (with a break of 1 hour after any continuous 3-hour period)

for more than 27 hours in any week during school holidays, and no more than five hours per day Monday to Saturday

in any occupations prohibited by local bylaws or other legislation (for example, in any industrial setting, pubs, betting shops, or in any work that may be harmful to their health, well-being, or education)

without the written consent of their parents and a child employment permit issued by the Education Authority

Young people aged between 15 years old and the minimum school-leaving age may not do any work, paid or unpaid:

before 7am and after 7pm

for more than one hour before school opening time and at any time between school opening and finishing time

for more than two hours on a Sunday or school day

for more than seven hours on a Saturday during term-time

for more than four hours without taking a break of at least one hour

in any occupations prohibited by local bylaws or other legislation (for example, in any industrial setting, pubs, betting shops, or in any work that may be harmful to their health, well-being, or education)

for more than seven hours per day during school holidays, up to a maximum of 37 hours in any week

without the written consent of their parents and a child employment permit issued by the Education Authority

In addition, young people must have a two-week break from any work during the school holiday in each calendar year. Read more on hours, rest breaks and the working week.

You must do a risk assessment before taking on school-age workers, or review your existing risk assessment. Read more on managing the risks in your business.

Statutory maternity and paternity pay

If a pregnant woman or an expectant father is legitimately employed before reaching the age of 16 and meets the qualifying conditions, they are eligible for statutory maternity pay (SMP), statutory paternity pay (SPP), and statutory parental bereavement pay (SPBP).

To find out about qualifying conditions for SMP, SPP or SPBP, see maternity leave and pay, paternity leave and pay and parental bereavement leave and pay.

For more information on eligibility to, calculating, paying and recovering statutory pay, see our section on statutory leave and pay entitlements.
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Employing workers over compulsory school age and under 18

Understand the law concerning breaks, conditions, and pay for workers above compulsory school age and 17-year-olds.
Young workers, workers who are over compulsory school age but under 18 years old must not work for more than eight hours a day or 40 hours a week. These hours worked cannot be averaged out and there is no opt-out available. If you employ anybody in this age group you must also give them:

a break of 30 minutes if they work for more than four and a half hours each working day

a rest period of 12 hours between each working day

two days off a week

Young workers can not ordinarily work between 10pm and 6am. For more information on the rules for night workers, see Sunday working and night working.

National minimum wage (NMW)

All 16 and 17-year-olds who are above compulsory school age are entitled to a national minimum wage (NMW) of £6.40 an hour.

Apprentices under the age of 19 years old, or who are 19 or over but in the first year of their apprenticeship, are entitled to an NMW of £6.40 an hour (this rate does not apply to Higher Level Apprenticeships).

See National Minimum Wage and National Living Wage rates.

Risk assessments

You must carry out, or review, a risk assessment, paying attention to the health and safety implications of employing young people.

Read Health and Safety Executive guidance on employing young people in the workplace.

Training

If you take on an employee aged 16 or 17 years old who has not achieved a certain standard in their education, they may be entitled to reasonable paid time off for study or training. Your business may be entitled to financial help toward the cost of this.

You can take on an employee under the Apprenticeships programme or one of your employees can join the programme. Read more about Apprenticeships: delivering work-based training and qualifications to employees.

Statutory Redundancy Pay (SRP)

Age legislation removes the age limits on statutory redundancy pay (SRP). This means that payments are available to employees, who have the minimum qualifying service of two years or more, regardless of age.

SRP is calculated using a formula with bands based on age, length of service (up to a maximum of 20 years), and weekly pay (subject to a statutory limit). Employees receive half a week's pay per year of service for each year served up to their 22nd birthday, one week's pay per year of service after their 22nd birthday, and one and a half weeks' pay per year of service after their 41st birthday.
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Employing workers aged 18 or over

Understand the law concerning breaks, conditions and pay for workers aged over 18 years old.
You may still have special responsibilities to young people, even when they are over the age of 18 years old.

National Minimum Wage and Living Wage

At 18 years old, most workers should be paid at least the minimum wage, which from 1 April 2024 until 31 April 2025, is:

£6.40 per hour for apprentices aged under 19 years old or those aged over 19 in the first year of a contract of apprenticeship

£6.40 per hour for people under 18 years old and above school leaving age

£8.60 per hour for people aged 18 to 20 years old

£11.44 per hour for people aged 21 years old and over (National Living Wage)

Apprentices aged 19 years old or over that have completed at least one year of their apprenticeship are entitled to receive the full minimum wage rate applicable to their age.

See National Minimum Wage and National Living Wage rates.

Working Hours

In general, workers aged 18 and over are entitled to:

work no more than six days out of every seven, or 12 out of every 14 days

take a 20-minute break if they work more than six hours at a stretch

work a maximum 48-hour average week
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Apprenticeships, internships and education

Work with schools and help young people, graduates and long-term unemployed people find work.
There are a number of ways that you, as an employer, can contribute to the education process and help improve the prospects of young people.

These include:

offer work experience places for students or work shadowing for teachers

provide resources, equipment and use of premises

set actual business problems for students to solve in their projects

give talks and lectures to enrich the curriculum with real business experience

Internships - working with graduates

Internships enable graduates to develop valuable skills and boost their employment chances.

You should remember that if an intern is classed as a worker, then they are normally due the national minimum wage.

Read more on the National Minimum Wage and National Living Wage - rates and overview.

Apprenticeships

Apprenticeships are real jobs with training. They are focused on the workplace and lead to nationally-recognised qualifications.

You can hire a new employee as an apprentice and you can also place existing employees onto apprenticeship courses as a way of improving their skills.

Most training typically takes place on-site with the rest provided by your college or learning provider.

Read more about Apprenticeships: delivering work-based training and qualifications to employees.
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Read more about Apprenticeships, internships and education

AccessNI checks for overseas applicants

AccessNI criminal records checks

In this guide:

AccessNI: who needs to apply and types of checks

Standard and Enhanced AccessNI checks and how long they are valid for.

Usually, a job applicant has no legal obligation to reveal spent convictions. If an applicant has a conviction that has become spent, the employer must treat the applicant as if the conviction has not happened. A refusal to employ a rehabilitated person on the grounds of a spent conviction is unlawful under the Rehabilitation of Offenders (Northern Ireland) Order 1978.

However, there are certain areas of employment (for example some professional occupations or working closely with children or adults in vulnerable situations) that are exempt from this legislation and for which employers may ask about spent convictions. This is known as asking an exempted question, which when answering, the applicant would have a legal obligation to reveal spent convictions.

Applicants must be over 16 years of age to apply for a standard or enhanced check. The only exceptions to this are for enhanced checks where the applicant is looking after children in their own home, eg child-minding, fostering or adopting. In these circumstances, members of the applicant's family over 10 years of age can apply for a check.

What checks are available?

Basic AccessNI check

Contains details of all convictions considered to be unspent, or states that no such convictions were found.

Standard AccessNI check

Contains details of all spent and unspent convictions and relevant cautions, diversionary youth conferences and informed warnings (non-court disposals) or states that no information was found.

Enhanced AccessNI check

This has the same criminal record information as the Standard check but also includes a check of police intelligence records and, for positions working with children and vulnerable adults (referred to as Regulated Activity), may include information held by the Disclosure and Barring Service (DBS).

Read more on employing someone with a criminal record.

Also see work involving children and adults - your obligations.

AccessNI: filtered checks

A filtered check means the applicant has a criminal record, but information about a minor or old conviction(s) or cautions etc is not disclosed. An employer cannot ask an applicant to disclose information that has been filtered in this way.

Serious crimes will always be disclosed in a check, such as violence, sexual offences or information relevant to safeguarding and child protection.

Filtered checks and when cautions and convictions will not be disclosed.

Which AccessNI check should my employees apply for?

Basic check

The basic check is available to anyone. It is open to any employer to seek a basic check or to require the employee to obtain a basic check as part of a successful recruitment application. Some employers will insist that a basic check is obtained, for example, the civil service or where a contractor is working for the government. Those working on the 'airside' of an airport must have a basic check under the Department of Transport Regulations. Taxi firm proprietors and bus operators require a basic check under Driver and Vehicle Agency (NI) regulations.

Standard check

The standard check is available for certain specified occupations, licences and entry into certain specified professions. A standard check would be required if applying for a licence with the Security Industry Authority (SIA). SIA arrange this as part of applying for licence with them. You should not seek a standard or any other check directly from AccessNI as part of your application for a licence.

Enhanced check

The enhanced check will be sought for those working closely with children or vulnerable adults (known as Regulated Activity). This will include a check of the DBS barred lists (those not permitted to work with children and vulnerable adults). The enhanced check is also available for other specific positions, but without a check of the barred lists, including those working with vulnerable people (but not in Regulated Activity), taxi driving licences, those seeking to retain a licence under regulation 5 of the Misuse of Drugs Regulations (NI) 2002, or judicial appointments.

The definition of Regulated Activity changed substantially on 10 September 2012. Central Government has published guidance to help employers better understand the impact of these changes. Safeguarding vulnerable groups: Disclosure & Barring Service.

How long is an AccessNI check valid?

There is no official expiry date for an AccessNI check. Any information revealed on a certificate reflects information held on criminal records and by police at the time the check was issued. In certain employment sectors, an AccessNI check may be required periodically.

You may be required by law to carry out a fresh check of the DBS Childrens' and/or Adults' list in accordance with sector-specific guidance.

Where you need to see a copy of the applicant's certificate before taking a recruitment decision, you should only retain this until such times as you make that decision. After this, you should return it to the applicant. If it is considered necessary to keep the certificate information for longer, you should consult AccessNI.

AccessNI has a privacy notice that outlines its legal grounds for processing the personal data of applicants and signatories, details of the personal information collected, the purposes for which this is collected and how this is used by AccessNI.

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Accepting a previously-issued AccessNI check

Accepting previously issued AccessNI checks, revealing information about these to other organisations, and security features of.
Ultimately it is for the employer to determine whether to accept a previously-issued AccessNI check. However, you should consider the following before making a decision:

You should ensure your employee is not on a list of barred persons held by the Disclosure and Barring Service (DBS) - see work involving children and adults - your obligations. A check issued at some time in the past might not have the most up-to-date position.

The applicant's criminal record or other relevant information may have changed since its issue.

The decision made by police to disclose information on an AccessNI check was made based on the position for which the AccessNI check was originally applied for. You cannot assume that no other intelligence would be disclosed for a different position.

The position for which the previous check was sought may be different to the position you are recruiting for - this could include whether the appropriate barred list was searched previously.

The information revealed was based on the identity of the applicant, which was validated by another Registered Body, at the time that the original check was requested. Therefore, you should ensure that the identity details on the certificate match those of the applicant.

If you are contacted by another organisation about a previously issued AccessNI check, you should not disclose any information in that check without the express permission of the applicant. To do so may be in breach of the Data Protection Act.

AccessNI certificate

The default position for online applications is that a disclosure certificate will be issued digitally to the applicant if there is no criminal history information to be disclosed - if information is being disclosed, a paper certificate will be issued by first-class mail.

Digital certificates

The applicant can view and share this digital certificate from their nidirect account. Digital certificates include a watermark that reads 'valid certificate - unless printed'.

Employers should not, under any circumstances, accept a printed copy of a digital certificate.

Paper certificates

Applicants can request a paper AccessNI certificate by checking the appropriate box when completing the online application. An AccessNI paper certificate contains a number of security features that can be used to verify whether it has been counterfeited or altered in any way.

The latest AccessNI certificates have the word 'DOCUCHECK' watermarked into the paper on which they are printed.

If you are unsure whether an AccessNI certificate is genuine or if you think that it may have been altered, you should contact the AccessNI Helpline on Tel 0300 200 7888.
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AccessNI costs and how long checks take

How much it costs to apply for an AccessNI check and how long you can expect to wait for it to be processed.
The cost of an AccessNI check and the time it takes to search criminal records and give disclosure certificates varies depending on the level of AccessNI check requested.

AccessNI fees

AccessNI charges a fee to process criminal records checks:

Basic AccessNI check - £16

Standard AccessNI check - £16

Enhanced AccessNI check - £32

The individual being checked is responsible for the cost, but an employer can offer to pay this fee on behalf of an applicant. Payment must be made to AccessNI by a Registered or Responsible Body on account (monthly invoice).

An individual can be asked to seek their own disclosure (basics only) by making an online application and paying the relevant fee by credit or debit card.

Apply for an AccessNI check.

AccessNI checks for volunteers

Volunteers, within the AccessNI definition, will receive a Standard/Enhanced AccessNI check free of charge. All Basic checks must be paid for.

AccessNI defines a volunteer as:

'A person engaged or to be engaged in an activity for a non-profit organisation or person which involves spending time unpaid (except for travel and other approved out-of-pocket expenses) doing something which amounts to a benefit to some third party other than, or in addition to a close relative.'

All the criteria above must be met before AccessNI will process a check free of charge. There are a few exemptions to this definition, including if you are volunteering for a public sector organisation.

How long does an AccessNI check take?

For all applications made online, AccessNI aims to issue:

99% of Basic (countersigned by a responsible body) and Standard checks within 7 calendar days

95% of Basic checks (made directly by a member of the public) within 14 calendar days

70% of Enhanced checks within 10 calendar days, 95% within 21 days, and 98% within 28 calendar days

Find the latest average processing times for disclosures.

AccessNI has a privacy notice that outlines its legal grounds for processing the personal data of applicants and signatories, details of the personal information collected, the purposes for which this is collected, and how this is used by AccessNI.
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How to apply for an AccessNI criminal records check

Applying for an AccessNI check by phone, post, or electronically.
All applications for standard and enhanced checks must be countersigned by an organisation that is registered with AccessNI.

To submit an AccessNI check an organisation must either:

use the services of an AccessNI registered umbrella organisation, or

register with AccessNI

Using an umbrella body

An umbrella body is a registered body that gives other non-registered organisations access to AccessNI services. If your organisation has a requirement for fewer than 20 checks per year you should use the services of an umbrella body.

AccessNI has developed a database listing details of umbrella bodies and the types of services they provide.

Search for an AccessNI umbrella body.

If you are already a registered body and would like to offer an additional umbrella service, you should contact the AccessNI Helpline on Tel 0300 200 7888 to speak to an adviser about your eligibility.
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How to register with AccessNI

Registering your organisation with AccessNI in order to access criminal records checks.
To register your organisation with AccessNI, you must be able to satisfy the conditions of registration. You must:

Submit more than 20 eligible AccessNI check applications per year;

Be entitled to ask exempted questions under the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979;

For enhanced checks, be able to confirm that applications will be made for positions that are prescribed in AccessNI regulations. Regulated activity is prescribed;

Agree to comply with the AccessNI Code of Practice and;

Be over 18 years of age.

The conditions of registration are set out in The Police Act 1997 (Criminal Records) (Registration) Regulations (Northern Ireland) 2007. Read more information on the conditions of AccessNI registration.

You must also provide specific and up-to-date information to AccessNI for registration to be granted. This includes:

organisation status

proposed counter signatories and lead signatory

the nature of your business

the positions of employment you intend to submit the checks for

how you intend to meet the threshold of 20 applications per year

Applications to register with AccessNI

Applications to register must be made online. To start the process you must create an account on nidirect and submit your details to AccessNI. AccessNI will process the request and if registration is accepted you will be considered as the lead signatory (LS) for that organisation. You will receive:

a 10 digit organisational number;

a 10 digit personal signatory number and;

a 6 digit PIN number.

Once you have this information you can log into your account on nidirect, This enables you to conduct various transactions, including registering other people in your organisation as counter signatories (CS). When you begin to receive applications you will access them through the nidirect account.

AccessNI may refuse to register an organisation or individual that it has previously removed from the register.

Further amendments can also be made online, such as adding a new signatory.

How much does it cost to register?

Registration costs £195 and includes the approval of a Lead Signatory within the organisation. Additional counter signatories can be registered at a cost of £13 each.

Your registration fee will be charged after AccessNI has assessed your registration documentation, carried out pre-registration checks, and invited you to register.

For further information on the registration process, you can contact the AccessNI Helpline on Tel 0300 200 7888 and speak to an adviser.

What is a counter signatory?

A counter signatory (CS) is a person within a registered body who is registered with AccessNI to countersign (or verify) applications before they are submitted to AccessNI.

A lead signatory (LS) is a figure within a registered body who will oversee the AccessNI process within their organisation and manage their account on nidirect. The lead signatory is also responsible for ensuring that AccessNI invoices are paid in a timely manner.

The minimum age at which someone can apply to become a counter signatory is 18 years old.

Changing your registration details

It is your responsibility as a registered body to keep AccessNI informed about any changes to your registration. You must do so online.

AccessNI Code of Practice

Organisations using the AccessNI service must comply with the AccessNI Code of Practice. The code is there to ensure organisations are aware of their obligations that the information released will be used fairly.

The code also ensures that sensitive personal information, disclosed by AccessNI is handled and stored appropriately and is kept for only as long as necessary.

Read more on the AccessNI Code of Practice.

AccessNI has a privacy notice that outlines its legal grounds for processing the personal data of applicants and signatories, details of the personal information collected, the purposes for which this is collected and how this is used by AccessNI.
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What to consider before you ask the applicant for an AccessNI check

Key points to think about when requesting AccessNI checks.
There are key points to consider when submitting AccessNI checks for potential employees.

You should:

Consider if the applicant has the right to work in the UK.

Let the applicant know why an AccessNI check is required, what type of check is being sought, and how they will be carried out.

If the work is in regulated activity with either children or adults at risk, you should advise the applicant that you will seek an AccessNI enhanced disclosure check. The applicant is required to create a Northern Ireland Identity Assurance (NIDA) account and complete the AccessNI e-application. If they are not content to proceed with the application, they cannot be considered for the role.

Give the applicant a chance to explain if a check reveals a criminal record or other information about them - read more about employing someone with a criminal record.

Tell the applicant if an AccessNI check is no longer required and a completed application form will not be progressed.

Think carefully about the best point in the recruitment process to carry out an AccessNI check.

Only check the successful job applicant.

Transgender applicants

For transgender application enquiries, you can contact the AccessNI Operations Manager on Tel 0300 200 7888.
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How does the application process for AccessNI work?

Where to send your application, how to avoid making common mistakes, and how to dispute incorrect information.
The steps to making and countersigning an application are as follows.

Applicant role

Lead signatory (LS) or counter signatory (CS) advise the applicant which type of check to apply for and directs the applicant to the relevant web page on nidirect. LS or CS will also provide the applicant with their 6-digit PIN number;

Applicant clicks the application button and creates an account on nidirect and clicks the link in the confirmation email to activate the account;

Applicant again clicks the relevant button on nidirect to make an application;

Applicant logs into their account and enters in PIN number into the application;

Applicant completes personal details on the form, confirms declaration and clicks 'submit' to transfer the application electronically to the LS or CS;

CS/LS role

LS or CS picks up the application having logged on to their nidirect account;

LS or CS checks the summary of the information provided by the applicant to ensure that all middle names/previous surnames and date of birth have been recorded accurately and completes the form, including, for standard and enhanced checks, the position for which the application is being made;

LS or CS confirms declaration form. The LS or CS must have previously checked a set of identification documents provided by the applicant to ensure that the details provided on the application form match the information in those documents;

LS or CS clicks submit button and the completed application is transferred to AccessNI for processing.

AccessNI will process the application. The LS/CS and the applicant can track the progress of any case by logging into their account.

Disputing incorrect information

The content of an AccessNI check can be challenged or disputed if it contains an error or inaccurate or irrelevant information. Challenges and disputes should be made immediately by contacting AccessNI and must be raised within three months of the date of issue on the certificate. AccessNI certificate dispute form.

AccessNI has a privacy notice that outlines its legal grounds for processing the personal data of applicants and signatories, details of the personal information collected, the purposes for which this is collected and how this is used by AccessNI.
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Current delivery times for AccessNI disclosure certificates

Find out the latest delivery times for AccessNI certificates.

AccessNI updates details of the current delivery times for certificates on a weekly basis.

Find current delivery times for AccessNI certificates.

If you don't receive a certificate within five working days of the timescales which are published at this link, you can call the AccessNI Helpline on Tel 0300 200 7888, or email them at ani@accessni.gov.uk.

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AccessNI checks for overseas applicants

Checking an applicant's overseas criminal record and their right to work in the UK.

AccessNI cannot normally access criminal records held in other countries (with the exception of 15 EU countries), but it is possible to submit an application while the applicant is overseas. In a small number of cases overseas criminal records are held on the Police National Computer and these would be revealed as part of an AccessNI check. You must still verify the identity of an overseas applicant.

As AccessNI cannot access criminal records from other countries, an AccessNI check may not provide a complete picture of an individual's criminal record.

How to check overseas applicants

If you are recruiting people from overseas and wish to check their overseas criminal record, you should contact the embassy or High Commission of the country in question.

You can also contact the FCO Response Centre Helpline on Tel 020 7008 1500.

If the foreign check needs translating, the embassy of the country concerned may be able to help.

AccessNI is not involved in the processing of applications made by individuals to overseas authorities and will not be responsible for the contents or the length of time taken for information to be returned.

Criminal records checks for overseas applicants.

Certificates of good conduct

You can try to obtain a certificate of good conduct and any other references from potential overseas employees. The standard of foreign police checks varies. To find out the standard, you should contact either the authorities in a particular country, or their embassy.

Either you or the employee should obtain a certified translation of the certificate of good conduct. AccessNI does not offer a translation service.

Checking an applicant's right to work in the UK

AccessNI does not check whether an applicant is permitted to work in the UK. The employer is responsible for ensuring employees have the right to work within the UK.

The Centre for the Protection of National Infrastructure

The Centre for the Protection of National Infrastructure (CPNI) provides protective security advice. This is for companies and organisations that deliver the UK's essential services.

How to obtain an overseas criminal records checks (PDF, 16.1MB).

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Employing someone with a criminal record

What information may be disclosed by an AccessNI check, recruiting ex-offenders, and withdrawing job offers.

Basic AccessNI checks will disclose details of an individual's unspent convictions.

The Standard and Enhanced AccessNI checks will reveal details of an applicant's spent and unspent convictions, cautions, and other non-court disposals from the Police National Computer (PNC).

In addition, an Enhanced check may contain approved and/or additional information.

Approved information is non-conviction information provided by the police from their local records. The Chief Police Officer from each force will decide what, if any, information is relevant and ought to be included on the disclosure certificate.

Recruiting ex-offenders

You should not discount someone from a job just because they have a criminal conviction.

If your business uses AccessNI checks in the recruitment process, you must, under AccessNI's Code of Practice, have a policy on the recruitment of ex-offenders. This policy must be available if requested as part of the recruitment process.

An important factor in reducing the rates of re-offending is finding a job. Evidence-based research shows that many offenders who get jobs are reliable and committed employees. Ex-offenders can often be loyal and hard-working, tending to stay with one employer.

Job offers and AccessNI checks

You can withdraw a job offer that was made subject to an AccessNI check if the results show something that would make the applicant unsuitable for the post. If an applicant starts work before the AccessNI check has been received, you should make it clear that the offer is made on the basis of receiving satisfactory pre-employment checks.

No contract exists until the applicant has accepted an offer and all conditions under which the offer was made have been satisfied.

Read more on work involving children and adults - your obligations.

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Work involving children and adults - your obligations

For positions that involve working in regulated activity with children or adults, enhanced checks are required.

For positions that involve working in regulated activity with children or adults, the Enhanced criminal records check includes a check of the names of persons held on the two Disclosure and Barring Service (DBS) barred lists and the equivalent lists in Scotland.

The DBS manages these 'barred lists'; one list holds information on individuals who are unsuitable for working with children, the other on those who are unsuitable for working with vulnerable adults. Individuals placed on either list are not allowed to work with the relevant group. An individual can be on both lists.

Employer responsibilities

You must not employ someone, or use a volunteer, in regulated activity who is on one of the barred lists.

Employing somebody who is on a barred list

A person who is barred from working with children or vulnerable adults will commit a criminal offence if they work or volunteer, or try to work or volunteer, with those groups.

An organisation that knowingly employs someone who is barred to work with those groups will also be breaking the law.

Where AccessNI is aware that a person has applied to work in regulated activity who is on a barred list or they are working for an employer in regulated activity, it will pass this information to Police Service of Northern Ireland (PSNI) for further investigation.

Referring information on individuals to the DBS

You must refer information to the DBS about an employee you have dismissed because they harmed or - had you not dismissed them - might have harmed a child or vulnerable adult.

You must still make a DBS referral even if the employee resigns before you have the chance to formally dismiss them.

If you fail to make such a referral to the DBS, you are committing a criminal offence.

DBS barring referral form.

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Promoting flexible working - Advanced Electronic Solutions (video)

Flexible working: the law and best practice

In this guide:

The right to request flexible working: eligibility criteria

Who qualifies for the right to make a flexible working request and what are the types of requests.
Certain employees have the statutory right to make a flexible working request. To be eligible to make a flexible working request a person must:

be an employee

have worked for you continuously for at least 26 weeks on the date they make their request

not have made another statutory request during the past 12 months (unless it relates to a request to consider reasonable adjustments on account of disability under the Disability Discrimination Act 1995.)

Further, employed agency workers returning to work from a period of parental leave also have the right to request flexible working.

The right to make a flexible working request is open to all those who meet the above eligibility requirements. It can be made for any reason, and it is not restricted to parents or carers.

The frequency of flexible working requests

Employees can make one application every 12 months unless it relates to a request to consider reasonable adjustments on account of disability under the Disability Discrimination Act 1995.

The 12-month period runs from the date the most recent application was made.

Before making a subsequent request, the employee must still meet the eligibility criteria as outlined above.
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Advantages of flexible working

The advantages for your business when introducing a flexible working policy.
Introducing a flexible working policy can benefit your business as well as your employees.

Flexible working: business benefits

Many employers believe that promoting flexible working makes good business sense and brings the following improvements:

Greater cost-effectiveness and efficiency, such as savings on overheads when employees work from home or less downtime for machinery when 24-hour shifts are worked.

The chance to have extended operating hours.

Ability to attract a higher level of skills because the business is able to attract and retain a skilled and more diverse workforce. Also, recruitment costs are reduced.

More job satisfaction and better staff morale.

Reduced levels of sickness absence.

Greater continuity as staff, who might otherwise have left, are offered hours they can manage. Many employers find that a better work-life balance has a positive impact on staff retention, and on employee relations, motivation, and commitment. High rates of retention mean that you keep experienced staff who can often offer a better overall service.

Increased customer satisfaction and loyalty as a result of the above.

Improved competitiveness, such as being able to react to changing market conditions more effectively.

Flexible working: benefits for employees

The main benefit of working flexibly for your employees is that it gives them the chance to fit other commitments and activities around work and make better use of their free time.

Flexible working can help you as an employer promote a healthy work-life balance for your staff.
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Flexible working policy

Considerations for employers when introducing a flexible working policy and example templates.
Introducing a flexible working policy

You should inform and consult your employees before you introduce a flexible working policy. This may help them understand how flexible working arrangements may impact your business.

When planning to implement a flexible working policy, you will need to consider the following:

What flexible working arrangements will suit the business?

What are the legal requirements?

How will you deal with applications, eg who will attend the meetings and how will the administration work?

Are there jobs that might be difficult to do under a flexible working arrangement, eg jobs that don't suit homeworking?

If there are, what is the nature of the obstacle, and can you perhaps overcome it?

How flexible are your IT arrangements, eg can employees access their email away from the workplace?

Flexible working policy templates

The Equality Commission for Northern Ireland has developed a model policy and procedure template for employers on handling requests for flexible working (PDF, 1.07MB) - you can download and personalise this to your business needs.

The Equality Commission for Northern Ireland also hosts free training courses on flexible working on a regular basis as part of its Employer Training Programme.

Find out how to set up employment policies for your business.
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Types of flexible working

Different types of flexible working, such as part-time work, flexi-time, zero-hour contracts, and job sharing.

The term flexible working covers flexibility in terms of the hours that are worked and the location and includes the following:

Flexible working: different types

Type of flexible work	Explanation
Annualised hours	Employees' contracted hours are calculated over a year. While the majority of shifts are allocated, the remaining hours are kept in reserve so that workers can be called in at short notice as required. See minimum wage for different types of work - paid by the hour.
Compressed working hours	Employees can cover their standard working hours in fewer working days. See calculating holiday entitlement for atypical workers.
Flexi-time	Employees have the freedom to work in any way they choose outside a set core of hours determined by the employer.
Part-time working	Employees are contracted to work less than standard, basic, full-time hours. See options for part-time working.
Job sharing	One full-time job is split between two employees who agree on the hours between them. See introducing job-sharing.
Remote or hybrid working	Employees spend all or part of their working week from home or somewhere else away from the normal workplace. See employees working from home.
Sabbatical/career break	Employees are allowed to take an extended period of time off, either paid or unpaid.
Self rostering	Employees nominate the shifts they'd prefer, leaving you to compile shift patterns matching their individual preferences while covering all required shifts.
Shift swapping	Employees arrange shifts among themselves, provided all required shifts are covered.
Shift working	Work that takes place on a schedule outside the traditional 9am - 5pm working day. It can involve evening or night shifts, early morning shifts, and rotating shifts.
Staggered hours	Employees have different start, finish, and break times, allowing a business to open longer hours.
Term-time working	An employee remains on a permanent contract but can take paid/unpaid leave during school holidays. See considering requests to change working hours.
V-time working	Employees agree to reduce their hours for a fixed period with a guarantee of full-time work when this period ends.

Flexible arrangements must comply with the law on working time. See hours, rest breaks and the working week.

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Application for flexible working

Information an employee must provide when making a flexible working request.
An employee's application should set out their desired working pattern and how they think you can accommodate it.

Information that must be included in a flexible working application

In order for a flexible working application to be valid, it must:

be dated and in writing

state that it is being made under the statutory right to make a flexible working request

specify the flexible working pattern applied for

explain what effect the proposed change may have on your business and how you can deal with any such effect

state the date on which they want the change to start

be the only request made in the last 12 months

The employee should allow plenty of time between the date of the application and the date they expect the flexible working arrangement to start. This is to allow you time to look at their application and assess whether or not you can accommodate it.

See form FW (A): Flexible Working Application Form in the Labour Relations Agency's (LRA) guidance and templates on flexible working: the right to request and duty to consider.

Flexible working requests and the contract of employment

If you accept an employee's flexible working request, this will be a permanent change to their contractual terms and conditions unless you agree otherwise. See change an employee's terms of employment.

If you or the employee are concerned about this, you could either suggest that they work flexibly over a trial period or agree that the arrangement will be temporary.

Note that employees do not need to provide a reason for their application for flexible working.
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Considering flexible working requests

Responding to an employee's flexible working request and arranging a meeting to discuss it.

You should acknowledge receipt of the employee's flexible working request in writing.

All statutory flexible working requests must be seriously considered with the aim of deciding whether your business can accommodate the requested work pattern.

Under the statutory procedure, you should hold a meeting with the employee to discuss their request. If you cannot accommodate the requested working pattern, you may still wish to explore alternatives to find a working pattern suitable to you both.

You can also agree to a flexible working request simply on the basis of the application itself without the need for a meeting, but it would be good practice to meet with the employee to discuss any practical issues for implementation.

Incomplete flexible working application

If the application is incomplete, you can ask the employee to resubmit it and inform them that you do not have to consider the application until it is resubmitted.

If the employee refuses to provide you with the information needed, you can treat the application as withdrawn. The employee will not be able to make another application for another 12 months. See the right to request flexible working: eligibility criteria.

Meeting to discuss the flexible working application

You should arrange a meeting with the employee within 28 days of receiving their valid flexible working application. If it is difficult to arrange a meeting within this period, seek the employee's agreement to extend it.

Failure to hold a meeting within the 28-day period or any extension, without the employee's agreement, will be a breach of the procedure.

You should arrange the meeting at an appropriate time and place that is convenient for all.

The right to be accompanied

The employee has the right to be accompanied at the meeting by a single companion who is a worker employed by the same employer as the employee who chooses them.

The companion can address the meeting and confer with the employee during it, but may not answer questions on behalf of the employee.

If the companion is unable to attend the meeting, the employee must seek to rearrange the meeting. It should take place within seven days of the date of the original meeting.

You must pay both the employee and their companion for the time off from their normal working duties to attend the meeting.

What happens if the employee fails to attend the meeting?

If the employee is unable to attend the meeting, they should contact you as soon as possible to explain their absence and allow you to rearrange it for the next mutually convenient time.

If the employee fails to attend the meeting more than once without a reasonable explanation, you can treat their application as withdrawn and you should write to them to confirm this.

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Reaching a decision on a flexible working request

Accepting and refusing an employee's request and trial periods.
You must notify an employee of your decision within 14 days of the meeting to discuss their flexible working request.

If you need more time to consider the request, you must agree this with the employee.

If you cannot agree to the working pattern asked for, you can still try to reach an agreement with the employee on an alternative arrangement.

Accepting a flexible working request

If you accept an employee's flexible working request, you must write to them:

detailing their new working pattern

stating the date on which it will start

ensuring that this notice is dated

stating that the arrangement means a permanent change to the employee's terms and conditions of employment (unless agreed otherwise)

Flexible working trial periods

If you or the employee are not sure that the proposed flexible working pattern will work in practice, you could try a different working arrangement or consider a trial period for flexible working.

Trial periods can happen at two stages before a formal agreement is reached on the flexible working request:

If you know that your employee will be applying, then you can agree to a trial period before they submit a formal written flexible working request. If you do this, the formal procedure will still be available to the employee in the future.

If the employee makes a formal written application, you could agree to an extension of time for you to make a decision and the trial period could happen before you reach a final agreement. In this case, the rest of the formal procedure would still be available to the employee.

Informal temporary flexible working arrangements

If you and the employee think that a statutory flexible working arrangement resulting in a permanent change to their contract of employment may not be the best solution, you could consider an informal temporary arrangement.

For example, this may be appropriate when the employee suddenly becomes the carer of an adult with a terminal illness, or they have to care for someone with a fluctuating condition like Parkinson's disease.

You should put any such agreement in writing.
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Refusing a flexible working request

Reasons employers may refuse a flexible working request and how this must be communicated to the employee.
If you decide that you cannot accommodate any kind of flexible working for an employee, you must write to them:

stating which of the listed business ground(s) apply as to why you cannot accept the request

providing an explanation of why the business reasons apply in the circumstances

setting out the appeal procedure

This written notice must be dated.

The business grounds for rejecting a flexible working request

You can only reject a flexible working request on a limited number of set grounds.

These are:

planned structural changes

burden of additional costs

detrimental impact on quality

inability to recruit additional staff

detrimental impact on performance

inability to reorganise work amongst existing staff

detrimental effect on ability to meet customer demand

insufficient work for the periods the employee proposes to work

Explaining your refusal of a flexible working request

In your written refusal of a flexible working request, you must explain why the business ground applies in the circumstances. If an employee understands why a business reason is relevant, they are more likely to accept the outcome and be satisfied that you have considered their application seriously - even if it isn't the outcome they wanted.

You do not have to go into a lot of detail, but you should include the key facts about why the business ground applies.

If you make a decision to reject a flexible working application based on incorrect facts, this will give the employee grounds to make a complaint to an industrial tribunal.

See form FW (C): Flexible Working Application Rejection Form in the Labour Relations Agency's (LRA) guidance and templates on flexible working: the right to request and duty to consider.
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Flexible working refusal: employee's appeal

How an employee should request an appeal if their flexible working request is refused and how an employer must deal with that request.
If an employee believes that you have not properly considered their flexible working request they may want to appeal your decision to reject it.

Flexible working: employee's notice of appeal

The employee must make their appeal in writing within 14 days of receiving your written notice refusing their flexible working request - read more on reaching a decision on a flexible working request.

In the appeal notice, the employee must set out the grounds for making the appeal and ensure that the appeal is dated.

For example, an employee might appeal because they want to:

challenge a fact you gave to explain why the business reason applies

bring your attention to something you weren't aware of when you rejected the application, eg that another member of staff is now willing to cover the hours the employee no longer wishes to work

There are no restrictions on the grounds for appeal.

See form FW (D): Flexible Working Appeal Form in the Labour Relations Agency's (LRA) guidance and templates on flexible working: the right to request and duty to consider.

Arranging an appeal meeting

You must arrange the appeal meeting within 14 days of receiving the employee's appeal notice with regard to their flexible working application.

A different manager should ideally hear this appeal, usually at a higher level, than the manager who made the initial decision to reject the flexible working request.

The principles on the right to be accompanied, payment for attending the meeting, and what happens if the employee fails to attend are the same as for the initial meeting - see considering flexible working requests.

Notifying an employee of your decision following the appeal meeting

You must inform the employee of the outcome of the flexible working request appeal in writing within 14 days after the date of the appeal meeting.

If you change your mind and choose to accept their flexible working request, this notification must:

be dated

include a description of the new working pattern

state the date from which the new working pattern is to take effect

If you choose to uphold the decision to refuse the flexible working request, this notification must:

be dated

state the grounds for the decision - these must be in direct response to the employee's grounds for making the appeal

explain why the grounds for refusal apply in the circumstances - your explanation should provide the kind of detail required in your explanation following the initial meeting.

This notice amounts to your final decision and ends the formal right to request a flexible working procedure.

See form FW (E): Flexible Working Appeal Reply Form in the Labour Relations Agency's (LRA) guidance and templates on flexible working: the right to request and duty to consider.
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Flexible working: extensions to time limits and withdrawals

Extending the time limit to decide on a flexible working request.
There may be occasions where you need more time than the formal statutory procedure allows in order to reach your decision on an employee's request for flexible working.

There are also situations where you may treat the employee's application as withdrawn.

Extension of time limits to consider a flexible working request

There are two circumstances where the time limits for giving decisions and raising appeals on flexible working requests can be extended.

Through agreement by the employer and the employee

You might need to extend time limits where, for example, you need more time to consult with other staff or you agree to a trial period to check the suitability of the proposed flexible working arrangement.

The written record of the agreement must:

be dated

be sent to the employee

specify what period the extension relates to

specify the date on which the extension is to end

Through absence of the employer

An automatic extension applies where the individual who normally deals with the flexible working request is absent from work due to leave or illness. Where this is the case, the 28-day period within which a meeting shall be held to discuss a flexible working application commences on the day the individual returns to work, or 28 days after the application is made, whichever is the sooner.

There are no other circumstances where an automatic extension to any period applies.

See form FW (F): Extension of Time Limit in the Labour Relations Agency's (LRA) guidance and templates on flexible working: the right to request and duty to consider.

Treating a flexible working application as withdrawn

There are three circumstances where you can treat an employee's application for flexible working as withdrawn:

1. The employee unreasonably refuses to provide the information you need to consider their application. You should confirm in writing the withdrawal of the application.

2. The employee twice fails to attend a meeting to discuss a request (or a meeting to discuss an appeal) without reasonable cause. You should confirm in writing the withdrawal of the application. However, you should be flexible where - on both occasions - the employee cannot attend due to unforeseen circumstances.

3. The employee decides to withdraw the application. They should notify you as soon as possible in writing. If you don't receive written notification, ask them to confirm their intention verbally and then confirm this in writing. The employee will not be eligible to make another application for 12 months.

In all circumstances a written record must be made. See form FW(G): Notice of Withdrawal in the LRA's guidance and templates on flexible working: the right to request and duty to consider.
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Unresolved flexible working requests

What happens if you can't reach an agreement on flexible working using the statutory right-to-request procedure.
There may be occasions where an employee feels that their employer has not dealt with their flexible working application to their satisfaction.

Informal resolution

You should first try to sort out any problems with a flexible working application informally to discourage the employee from taking more formal action.

If an employee feels that the issue has not been resolved using informal methods, they may use your grievance procedure. Read more on handling grievances.

Third-party conciliation/mediation

If you cannot resolve the issue internally, you could try using an external third-party mediator or conciliator, eg Labour Relations Agency (LRA) or a union representative.

The LRA may offer to resolve the dispute through its Arbitration Scheme.

The LRA Arbitration Scheme

The LRA Arbitration Scheme provides an alternative to having a case heard by a tribunal to resolve an employment-related dispute (for example, claims relating to flexible working arrangements, unfair dismissal, breach of contract, or discrimination).

The scheme is quicker, confidential, non-legalistic, less formal and more cost-effective than a tribunal hearing.

Under the scheme, an arbitrator's decision is binding as a matter of law and has the same effect as a tribunal.

Find out more about the LRA Arbitration Scheme.

Early Conciliation

Anyone who wishes to lodge a claim with the Industrial or Fair Employment Tribunal must first notify the LRA and discuss the option of Early Conciliation. A claimant will not be able to proceed to tribunal without at least considering this option.

Tribunal claims

Where all other methods have failed, the employee may feel that an industrial tribunal claim is necessary.

An employee may make a complaint to an industrial tribunal where either:

your decision to reject a flexible working application was based on incorrect facts, although this issue should first be covered in the appeal meeting - see flexible working refusal: employee's appeal

you didn't follow the procedure properly, eg you failed to hold the meeting to discuss the application within the timescale (where no extension had been agreed) or where you failed to provide a complete and proper explanation to the employee of your decision to refuse their request

An employee cannot make a complaint where they simply disagree with the business grounds you give.

The industrial tribunal does not have the power to question your business reasons, although it can examine the facts on which the business reason was based to see if they are factually correct. If a case is brought jointly with other legislation, eg the Sex Discrimination (Northern Ireland) Order 1976 or other discrimination legislation, an industrial tribunal may seek to examine how the request was considered.

Note that applications to tribunals have time limits. The LRA can provide information about tribunal time limits - contact the LRA.

Remedies and compensation

An industrial tribunal or LRA arbitration can order you to:

pay an award to the employee

reconsider an application by following the procedure correctly

The maximum level of compensation is eight weeks' pay - although there is a statutory cap on the amount of a week's pay.

There is a separate award of up to two weeks' pay where you failed to allow the employee to be accompanied at a meeting.

There may be an additional award of compensation if the employee is successful in a joint claim, eg taken under Sex Discrimination legislation - as set out above.
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Flexible working: employee protection against dismissal and discrimination

An employee's protection against detrimental treatment and dismissal in relation to their flexible working request.
You must not subject an employee to a detriment or dismiss them for a reason relating to their flexible working request. In addition, you should note that rejecting a flexible working request could give rise to a discrimination claim.

Protection against detriment/dismissal for requesting flexible working

Employees are protected from suffering a detriment or being dismissed because:

they have made an application to work flexibly

they exercised a right under the flexible working request procedure

they have made a complaint to an industrial tribunal in respect of their flexible working application

they exercised their right to be accompanied at a meeting to discuss their request or they accompanied another employee to such a meeting

A detriment is where you act in a way that results in unfair treatment of an employee because they did something protected by law, such as exercising a statutory employment right.

Dismissal means your termination of their employment, with or without notice, including redundancy selection and the non-renewal of a fixed-term contract. It could also include constructive dismissal, ie where the employee resigns believing you have substantially breached their contract of employment. Read more on dismissing employees.

Employees who suffer a detriment or are dismissed in these circumstances may make a complaint to an industrial tribunal.

Discrimination and flexible working requests

In some circumstances, rejecting an employee's flexible working request could open up the possibility of a claim for discrimination on grounds of sex, gender reassignment, marital status or civil partnership, race, religion or belief, political opinion, sexual orientation, disability, or age.

For example, if you reject the request of a woman returning from maternity leave to work part-time, this could be seen as indirect sex discrimination. This is on the grounds that a greater proportion of women than men have the main parental caring responsibility - and requiring the employee to work full time potentially puts her at a disadvantage compared with her male colleagues.

However, even if the employee is put at a disadvantage by your flexible working refusal, you can still justify your actions at a tribunal if you can show that they were a proportionate means of achieving a legitimate aim.

Read more on how to prevent discrimination and value diversity.

Part-time employee discrimination

You must not treat part-time employees less favourably in their contractual terms and conditions than comparable full-timers - unless you can objectively justify that treatment.

So, if you agree to a request to work fewer hours, bear in mind that the employee is still entitled to the same pay and benefits (on a pro-rata basis) and access to training and promotion opportunities.

Find out more about employing part-time workers.
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Flexible working: the law and best practice

Promoting flexible working - Advanced Electronic Solutions (video)

Paul Creighton, director of Advanced Electronic Solutions (AES), talks about how the company introduced and benefited from flexible working practices.

Advanced Electronic Solutions (AES) has been providing security products throughout the UK and Ireland since 2004. Based in Cookstown, Co. Tyrone, they provide and install a wide range of products and services, from wire-free alarms, to CCTV and gate automation. Flexible working benefits both employees and the business by ensuring a happy and more productive workforce.

Here, director Paul Creighton talks about how the company introduced and benefited from flexible working practices.

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Flexible working: the law and best practice

Introducing a four-day working week - Smiley Monroe

How Lisburn-based employer Smiley Monroe introduced a four-day working week into their business.

Smiley Monroe is a manufacturer of customised endless conveyor belts, cut rubber, and plastic parts supplying mobile equipment manufacturers in the crushing and screening sector. Smiley Monroe has three global production facilities and is headquartered in Lisburn with 128 employees.

Jayne Peters, Director of People and Culture at Smiley Monroe, explains how the company has adopted a four-day working week with all staff enjoying Friday off. She outlines how they have addressed challenges along the way and the benefits this has presented to the company and their staff.

Encouraging and acting on staff feedback

"At Smiley Monroe, we value feedback from our employees, and one of the mechanisms to gather ideas is through our engagement team, who meet regularly. This group comprises representatives from all areas of our business. They are responsible for planning employee events, communicating updates throughout our teams, and finding ways to develop and safeguard our company culture. A four-day working week is an example of an idea suggested during one of the engagement meetings."

"While it took some time to work out the practical aspects of how this would work for our business, we were keen to explore how a change in working patterns could help our employees achieve a better work-life balance without negatively impacting our customers. In a challenging labour market, we also identified that this could give us a competitive advantage when recruiting and retaining talent."

Addressing the challenges of a four-day working week

"We initially implemented a six-month trial period for a four-day working week. This approach was crucial to minimise potential inconvenience to our customers during its introduction. While planning, we made gradual adjustments to address possible adverse impacts of the new working pattern. For example, we reduced Friday deliveries as many customers had already adopted Friday as a shorter working day. By doing so, we could maintain production and not negatively affect our customer service."

"To streamline the transition to a four-day working week, we gradually implemented it across different teams. The customer support team was the last to adopt this new work schedule. We informed our customers about the future changes, and the feedback we received was overwhelmingly positive. Many customers showed interest in adopting this new work schedule within their operations."

"In taking a phased approach to reduce Friday working hours, we had already made changes to our delivery and export schedules. This strategy managed customer expectations and meant when the four-day week finally came into effect, the change was minimal."

"An additional consideration included making efficiencies within our processes to maintain the same level of productivity in a shorter period. We made gradual changes to ensure that our operations remained unaffected."

"We considered how to ensure a four-day working week would positively impact our employee work-life balance. It was not an option for staff to condense their traditional five-day working week into four days, as this would have the opposite effect. It was important for staff to still find time between Monday and Thursday to fulfil family commitments and enjoy their hobbies."

Better employee work-life balance

"One of our central values is 'One Big Family' - meaning our employees' families are an extension of our business. Our decision to reduce the core working hours in all departments instead of just condensing them into four days is based on company values of a healthy work-life balance for all employees every day of the week."

"Some businesses choose a staggered approach to a four-day week, where different employees are off on different days, but the business stays open across the five days. However, we believe our approach and closing on a Friday allows our staff to switch off without the urge to check emails, for example."

"Overall, our current employees love the new-working pattern. Whether to spend an extra day at home with their kids, carve out time for a hobby that has been side-lined or even do volunteer work."

Competitive advantage in the jobs market

"The new four-day working pattern combined with an attractive benefits package and a positive company culture has been a competitive advantage when attracting talent. In today’s job market, employees want more than a competitive salary. Candidates are increasingly choosing employers who align with their values and ambitions."

Success of our four-day working week

"We opted to reduce the core working hours, with no reduction in salary. Again, the motivation here was to maintain high levels of employee satisfaction and ensure they could fully enjoy the benefits of a shorter working week. We are pleased with the positive reception of the new four-day working week by staff, customers, and suppliers. Since its introduction, we have found employees to be more motivated to get the job done more efficiently."

“We have been able to measure the success of our four-day working week through the positive customer and employee feedback we have received. We have identified that tasks are being completed within expected timeframes while maintaining operational efficiency levels since the introduction of the four-day week. We will continue to monitor the success of our new way of working through employee engagement surveys.”

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Flexible working: the law and best practice

Hybrid working: employer guidance

Staff feedback, ideas and forums

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Read more about Promoting flexible working - Advanced Electronic Solutions (video)

Maternity leave and pay

Introduction

Read more about Maternity leave and pay

Current delivery times for AccessNI disclosure certificates

AccessNI criminal records checks

In this guide:

AccessNI: who needs to apply and types of checks

Standard and Enhanced AccessNI checks and how long they are valid for.

Usually, a job applicant has no legal obligation to reveal spent convictions. If an applicant has a conviction that has become spent, the employer must treat the applicant as if the conviction has not happened. A refusal to employ a rehabilitated person on the grounds of a spent conviction is unlawful under the Rehabilitation of Offenders (Northern Ireland) Order 1978.

However, there are certain areas of employment (for example some professional occupations or working closely with children or adults in vulnerable situations) that are exempt from this legislation and for which employers may ask about spent convictions. This is known as asking an exempted question, which when answering, the applicant would have a legal obligation to reveal spent convictions.

Applicants must be over 16 years of age to apply for a standard or enhanced check. The only exceptions to this are for enhanced checks where the applicant is looking after children in their own home, eg child-minding, fostering or adopting. In these circumstances, members of the applicant's family over 10 years of age can apply for a check.

What checks are available?

Basic AccessNI check

Contains details of all convictions considered to be unspent, or states that no such convictions were found.

Standard AccessNI check

Contains details of all spent and unspent convictions and relevant cautions, diversionary youth conferences and informed warnings (non-court disposals) or states that no information was found.

Enhanced AccessNI check

This has the same criminal record information as the Standard check but also includes a check of police intelligence records and, for positions working with children and vulnerable adults (referred to as Regulated Activity), may include information held by the Disclosure and Barring Service (DBS).

Read more on employing someone with a criminal record.

Also see work involving children and adults - your obligations.

AccessNI: filtered checks

A filtered check means the applicant has a criminal record, but information about a minor or old conviction(s) or cautions etc is not disclosed. An employer cannot ask an applicant to disclose information that has been filtered in this way.

Serious crimes will always be disclosed in a check, such as violence, sexual offences or information relevant to safeguarding and child protection.

Filtered checks and when cautions and convictions will not be disclosed.

Which AccessNI check should my employees apply for?

Basic check

The basic check is available to anyone. It is open to any employer to seek a basic check or to require the employee to obtain a basic check as part of a successful recruitment application. Some employers will insist that a basic check is obtained, for example, the civil service or where a contractor is working for the government. Those working on the 'airside' of an airport must have a basic check under the Department of Transport Regulations. Taxi firm proprietors and bus operators require a basic check under Driver and Vehicle Agency (NI) regulations.

Standard check

The standard check is available for certain specified occupations, licences and entry into certain specified professions. A standard check would be required if applying for a licence with the Security Industry Authority (SIA). SIA arrange this as part of applying for licence with them. You should not seek a standard or any other check directly from AccessNI as part of your application for a licence.

Enhanced check

The enhanced check will be sought for those working closely with children or vulnerable adults (known as Regulated Activity). This will include a check of the DBS barred lists (those not permitted to work with children and vulnerable adults). The enhanced check is also available for other specific positions, but without a check of the barred lists, including those working with vulnerable people (but not in Regulated Activity), taxi driving licences, those seeking to retain a licence under regulation 5 of the Misuse of Drugs Regulations (NI) 2002, or judicial appointments.

The definition of Regulated Activity changed substantially on 10 September 2012. Central Government has published guidance to help employers better understand the impact of these changes. Safeguarding vulnerable groups: Disclosure & Barring Service.

How long is an AccessNI check valid?

There is no official expiry date for an AccessNI check. Any information revealed on a certificate reflects information held on criminal records and by police at the time the check was issued. In certain employment sectors, an AccessNI check may be required periodically.

You may be required by law to carry out a fresh check of the DBS Childrens' and/or Adults' list in accordance with sector-specific guidance.

Where you need to see a copy of the applicant's certificate before taking a recruitment decision, you should only retain this until such times as you make that decision. After this, you should return it to the applicant. If it is considered necessary to keep the certificate information for longer, you should consult AccessNI.

AccessNI has a privacy notice that outlines its legal grounds for processing the personal data of applicants and signatories, details of the personal information collected, the purposes for which this is collected and how this is used by AccessNI.

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Accepting a previously-issued AccessNI check

Accepting previously issued AccessNI checks, revealing information about these to other organisations, and security features of.
Ultimately it is for the employer to determine whether to accept a previously-issued AccessNI check. However, you should consider the following before making a decision:

You should ensure your employee is not on a list of barred persons held by the Disclosure and Barring Service (DBS) - see work involving children and adults - your obligations. A check issued at some time in the past might not have the most up-to-date position.

The applicant's criminal record or other relevant information may have changed since its issue.

The decision made by police to disclose information on an AccessNI check was made based on the position for which the AccessNI check was originally applied for. You cannot assume that no other intelligence would be disclosed for a different position.

The position for which the previous check was sought may be different to the position you are recruiting for - this could include whether the appropriate barred list was searched previously.

The information revealed was based on the identity of the applicant, which was validated by another Registered Body, at the time that the original check was requested. Therefore, you should ensure that the identity details on the certificate match those of the applicant.

If you are contacted by another organisation about a previously issued AccessNI check, you should not disclose any information in that check without the express permission of the applicant. To do so may be in breach of the Data Protection Act.

AccessNI certificate

The default position for online applications is that a disclosure certificate will be issued digitally to the applicant if there is no criminal history information to be disclosed - if information is being disclosed, a paper certificate will be issued by first-class mail.

Digital certificates

The applicant can view and share this digital certificate from their nidirect account. Digital certificates include a watermark that reads 'valid certificate - unless printed'.

Employers should not, under any circumstances, accept a printed copy of a digital certificate.

Paper certificates

Applicants can request a paper AccessNI certificate by checking the appropriate box when completing the online application. An AccessNI paper certificate contains a number of security features that can be used to verify whether it has been counterfeited or altered in any way.

The latest AccessNI certificates have the word 'DOCUCHECK' watermarked into the paper on which they are printed.

If you are unsure whether an AccessNI certificate is genuine or if you think that it may have been altered, you should contact the AccessNI Helpline on Tel 0300 200 7888.
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AccessNI costs and how long checks take

How much it costs to apply for an AccessNI check and how long you can expect to wait for it to be processed.
The cost of an AccessNI check and the time it takes to search criminal records and give disclosure certificates varies depending on the level of AccessNI check requested.

AccessNI fees

AccessNI charges a fee to process criminal records checks:

Basic AccessNI check - £16

Standard AccessNI check - £16

Enhanced AccessNI check - £32

The individual being checked is responsible for the cost, but an employer can offer to pay this fee on behalf of an applicant. Payment must be made to AccessNI by a Registered or Responsible Body on account (monthly invoice).

An individual can be asked to seek their own disclosure (basics only) by making an online application and paying the relevant fee by credit or debit card.

Apply for an AccessNI check.

AccessNI checks for volunteers

Volunteers, within the AccessNI definition, will receive a Standard/Enhanced AccessNI check free of charge. All Basic checks must be paid for.

AccessNI defines a volunteer as:

'A person engaged or to be engaged in an activity for a non-profit organisation or person which involves spending time unpaid (except for travel and other approved out-of-pocket expenses) doing something which amounts to a benefit to some third party other than, or in addition to a close relative.'

All the criteria above must be met before AccessNI will process a check free of charge. There are a few exemptions to this definition, including if you are volunteering for a public sector organisation.

How long does an AccessNI check take?

For all applications made online, AccessNI aims to issue:

99% of Basic (countersigned by a responsible body) and Standard checks within 7 calendar days

95% of Basic checks (made directly by a member of the public) within 14 calendar days

70% of Enhanced checks within 10 calendar days, 95% within 21 days, and 98% within 28 calendar days

Find the latest average processing times for disclosures.

AccessNI has a privacy notice that outlines its legal grounds for processing the personal data of applicants and signatories, details of the personal information collected, the purposes for which this is collected, and how this is used by AccessNI.
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How to apply for an AccessNI criminal records check

Applying for an AccessNI check by phone, post, or electronically.
All applications for standard and enhanced checks must be countersigned by an organisation that is registered with AccessNI.

To submit an AccessNI check an organisation must either:

use the services of an AccessNI registered umbrella organisation, or

register with AccessNI

Using an umbrella body

An umbrella body is a registered body that gives other non-registered organisations access to AccessNI services. If your organisation has a requirement for fewer than 20 checks per year you should use the services of an umbrella body.

AccessNI has developed a database listing details of umbrella bodies and the types of services they provide.

Search for an AccessNI umbrella body.

If you are already a registered body and would like to offer an additional umbrella service, you should contact the AccessNI Helpline on Tel 0300 200 7888 to speak to an adviser about your eligibility.
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How to register with AccessNI

Registering your organisation with AccessNI in order to access criminal records checks.
To register your organisation with AccessNI, you must be able to satisfy the conditions of registration. You must:

Submit more than 20 eligible AccessNI check applications per year;

Be entitled to ask exempted questions under the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979;

For enhanced checks, be able to confirm that applications will be made for positions that are prescribed in AccessNI regulations. Regulated activity is prescribed;

Agree to comply with the AccessNI Code of Practice and;

Be over 18 years of age.

The conditions of registration are set out in The Police Act 1997 (Criminal Records) (Registration) Regulations (Northern Ireland) 2007. Read more information on the conditions of AccessNI registration.

You must also provide specific and up-to-date information to AccessNI for registration to be granted. This includes:

organisation status

proposed counter signatories and lead signatory

the nature of your business

the positions of employment you intend to submit the checks for

how you intend to meet the threshold of 20 applications per year

Applications to register with AccessNI

Applications to register must be made online. To start the process you must create an account on nidirect and submit your details to AccessNI. AccessNI will process the request and if registration is accepted you will be considered as the lead signatory (LS) for that organisation. You will receive:

a 10 digit organisational number;

a 10 digit personal signatory number and;

a 6 digit PIN number.

Once you have this information you can log into your account on nidirect, This enables you to conduct various transactions, including registering other people in your organisation as counter signatories (CS). When you begin to receive applications you will access them through the nidirect account.

AccessNI may refuse to register an organisation or individual that it has previously removed from the register.

Further amendments can also be made online, such as adding a new signatory.

How much does it cost to register?

Registration costs £195 and includes the approval of a Lead Signatory within the organisation. Additional counter signatories can be registered at a cost of £13 each.

Your registration fee will be charged after AccessNI has assessed your registration documentation, carried out pre-registration checks, and invited you to register.

For further information on the registration process, you can contact the AccessNI Helpline on Tel 0300 200 7888 and speak to an adviser.

What is a counter signatory?

A counter signatory (CS) is a person within a registered body who is registered with AccessNI to countersign (or verify) applications before they are submitted to AccessNI.

A lead signatory (LS) is a figure within a registered body who will oversee the AccessNI process within their organisation and manage their account on nidirect. The lead signatory is also responsible for ensuring that AccessNI invoices are paid in a timely manner.

The minimum age at which someone can apply to become a counter signatory is 18 years old.

Changing your registration details

It is your responsibility as a registered body to keep AccessNI informed about any changes to your registration. You must do so online.

AccessNI Code of Practice

Organisations using the AccessNI service must comply with the AccessNI Code of Practice. The code is there to ensure organisations are aware of their obligations that the information released will be used fairly.

The code also ensures that sensitive personal information, disclosed by AccessNI is handled and stored appropriately and is kept for only as long as necessary.

Read more on the AccessNI Code of Practice.

AccessNI has a privacy notice that outlines its legal grounds for processing the personal data of applicants and signatories, details of the personal information collected, the purposes for which this is collected and how this is used by AccessNI.
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What to consider before you ask the applicant for an AccessNI check

Key points to think about when requesting AccessNI checks.
There are key points to consider when submitting AccessNI checks for potential employees.

You should:

Consider if the applicant has the right to work in the UK.

Let the applicant know why an AccessNI check is required, what type of check is being sought, and how they will be carried out.

If the work is in regulated activity with either children or adults at risk, you should advise the applicant that you will seek an AccessNI enhanced disclosure check. The applicant is required to create a Northern Ireland Identity Assurance (NIDA) account and complete the AccessNI e-application. If they are not content to proceed with the application, they cannot be considered for the role.

Give the applicant a chance to explain if a check reveals a criminal record or other information about them - read more about employing someone with a criminal record.

Tell the applicant if an AccessNI check is no longer required and a completed application form will not be progressed.

Think carefully about the best point in the recruitment process to carry out an AccessNI check.

Only check the successful job applicant.

Transgender applicants

For transgender application enquiries, you can contact the AccessNI Operations Manager on Tel 0300 200 7888.
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How does the application process for AccessNI work?

Where to send your application, how to avoid making common mistakes, and how to dispute incorrect information.
The steps to making and countersigning an application are as follows.

Applicant role

Lead signatory (LS) or counter signatory (CS) advise the applicant which type of check to apply for and directs the applicant to the relevant web page on nidirect. LS or CS will also provide the applicant with their 6-digit PIN number;

Applicant clicks the application button and creates an account on nidirect and clicks the link in the confirmation email to activate the account;

Applicant again clicks the relevant button on nidirect to make an application;

Applicant logs into their account and enters in PIN number into the application;

Applicant completes personal details on the form, confirms declaration and clicks 'submit' to transfer the application electronically to the LS or CS;

CS/LS role

LS or CS picks up the application having logged on to their nidirect account;

LS or CS checks the summary of the information provided by the applicant to ensure that all middle names/previous surnames and date of birth have been recorded accurately and completes the form, including, for standard and enhanced checks, the position for which the application is being made;

LS or CS confirms declaration form. The LS or CS must have previously checked a set of identification documents provided by the applicant to ensure that the details provided on the application form match the information in those documents;

LS or CS clicks submit button and the completed application is transferred to AccessNI for processing.

AccessNI will process the application. The LS/CS and the applicant can track the progress of any case by logging into their account.

Disputing incorrect information

The content of an AccessNI check can be challenged or disputed if it contains an error or inaccurate or irrelevant information. Challenges and disputes should be made immediately by contacting AccessNI and must be raised within three months of the date of issue on the certificate. AccessNI certificate dispute form.

AccessNI has a privacy notice that outlines its legal grounds for processing the personal data of applicants and signatories, details of the personal information collected, the purposes for which this is collected and how this is used by AccessNI.
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Current delivery times for AccessNI disclosure certificates

Find out the latest delivery times for AccessNI certificates.

AccessNI updates details of the current delivery times for certificates on a weekly basis.

Find current delivery times for AccessNI certificates.

If you don't receive a certificate within five working days of the timescales which are published at this link, you can call the AccessNI Helpline on Tel 0300 200 7888, or email them at ani@accessni.gov.uk.

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AccessNI checks for overseas applicants

Checking an applicant's overseas criminal record and their right to work in the UK.

AccessNI cannot normally access criminal records held in other countries (with the exception of 15 EU countries), but it is possible to submit an application while the applicant is overseas. In a small number of cases overseas criminal records are held on the Police National Computer and these would be revealed as part of an AccessNI check. You must still verify the identity of an overseas applicant.

As AccessNI cannot access criminal records from other countries, an AccessNI check may not provide a complete picture of an individual's criminal record.

How to check overseas applicants

If you are recruiting people from overseas and wish to check their overseas criminal record, you should contact the embassy or High Commission of the country in question.

You can also contact the FCO Response Centre Helpline on Tel 020 7008 1500.

If the foreign check needs translating, the embassy of the country concerned may be able to help.

AccessNI is not involved in the processing of applications made by individuals to overseas authorities and will not be responsible for the contents or the length of time taken for information to be returned.

Criminal records checks for overseas applicants.

Certificates of good conduct

You can try to obtain a certificate of good conduct and any other references from potential overseas employees. The standard of foreign police checks varies. To find out the standard, you should contact either the authorities in a particular country, or their embassy.

Either you or the employee should obtain a certified translation of the certificate of good conduct. AccessNI does not offer a translation service.

Checking an applicant's right to work in the UK

AccessNI does not check whether an applicant is permitted to work in the UK. The employer is responsible for ensuring employees have the right to work within the UK.

The Centre for the Protection of National Infrastructure

The Centre for the Protection of National Infrastructure (CPNI) provides protective security advice. This is for companies and organisations that deliver the UK's essential services.

How to obtain an overseas criminal records checks (PDF, 16.1MB).

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Employing someone with a criminal record

What information may be disclosed by an AccessNI check, recruiting ex-offenders, and withdrawing job offers.

Basic AccessNI checks will disclose details of an individual's unspent convictions.

The Standard and Enhanced AccessNI checks will reveal details of an applicant's spent and unspent convictions, cautions, and other non-court disposals from the Police National Computer (PNC).

In addition, an Enhanced check may contain approved and/or additional information.

Approved information is non-conviction information provided by the police from their local records. The Chief Police Officer from each force will decide what, if any, information is relevant and ought to be included on the disclosure certificate.

Recruiting ex-offenders

You should not discount someone from a job just because they have a criminal conviction.

If your business uses AccessNI checks in the recruitment process, you must, under AccessNI's Code of Practice, have a policy on the recruitment of ex-offenders. This policy must be available if requested as part of the recruitment process.

An important factor in reducing the rates of re-offending is finding a job. Evidence-based research shows that many offenders who get jobs are reliable and committed employees. Ex-offenders can often be loyal and hard-working, tending to stay with one employer.

Job offers and AccessNI checks

You can withdraw a job offer that was made subject to an AccessNI check if the results show something that would make the applicant unsuitable for the post. If an applicant starts work before the AccessNI check has been received, you should make it clear that the offer is made on the basis of receiving satisfactory pre-employment checks.

No contract exists until the applicant has accepted an offer and all conditions under which the offer was made have been satisfied.

Read more on work involving children and adults - your obligations.

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Work involving children and adults - your obligations

For positions that involve working in regulated activity with children or adults, enhanced checks are required.

For positions that involve working in regulated activity with children or adults, the Enhanced criminal records check includes a check of the names of persons held on the two Disclosure and Barring Service (DBS) barred lists and the equivalent lists in Scotland.

The DBS manages these 'barred lists'; one list holds information on individuals who are unsuitable for working with children, the other on those who are unsuitable for working with vulnerable adults. Individuals placed on either list are not allowed to work with the relevant group. An individual can be on both lists.

Employer responsibilities

You must not employ someone, or use a volunteer, in regulated activity who is on one of the barred lists.

Employing somebody who is on a barred list

A person who is barred from working with children or vulnerable adults will commit a criminal offence if they work or volunteer, or try to work or volunteer, with those groups.

An organisation that knowingly employs someone who is barred to work with those groups will also be breaking the law.

Where AccessNI is aware that a person has applied to work in regulated activity who is on a barred list or they are working for an employer in regulated activity, it will pass this information to Police Service of Northern Ireland (PSNI) for further investigation.

Referring information on individuals to the DBS

You must refer information to the DBS about an employee you have dismissed because they harmed or - had you not dismissed them - might have harmed a child or vulnerable adult.

You must still make a DBS referral even if the employee resigns before you have the chance to formally dismiss them.

If you fail to make such a referral to the DBS, you are committing a criminal offence.

DBS barring referral form.

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Read more about Current delivery times for AccessNI disclosure certificates

Advertise a job on JobApplyNI.com

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Employment Agency Inspectorate: prosecutions

Employment agencies and employment businesses: record keeping

In this guide:

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: penalties for non-compliance

Employment agencies and employment businesses: record keeping

In this guide:

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: record keeping

Introduction

Read more about Employment agencies and employment businesses: record keeping

Licences for employment agencies

Employment agencies and employment businesses

In this guide:

Employment agencies and employment businesses: the basics

Definitions of what an employment agency and employment business are and organisations that are exempt under the legislation.
Definition of an employment agency

An employment agency finds work for work-seekers who are then employed and paid by employers. This is often referred to as 'permanent employment' as once the worker has been recruited they become an employee of the business they are working for.

Definition of an employment business

An employment business employs or engages a work-seeker who then works under the supervision of another person. This is known as 'temporary agency work' or 'temping'. The workers under these arrangements are usually paid by the employment business rather than by the hirer (company) they are supplied to.

If your business engages in both activities then it is both an employment agency and an employment business.

The term employment agency is commonly used interchangeably for employment agency and employment business but the correct usage of the terminology is set out as above.

Exemptions to the legislation

The legislation does not apply to a number of specific organisations and services, including:

university appointment boards or services and certain other educational institutions

trade unions, employers' organisations, and certain professional members bodies

certain services provided exclusively for ex-members of HM forces or for persons released from prisons and other institutions

If you publish a newspaper or other publication wholly or mainly for the purpose of providing work-finding services then it is likely that you would be acting as an employment agency or business. However, if job advertisements only account for a small proportion of a wider publication then it is unlikely that this would apply to you.
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General principles to running an employment agency or an employment business

Principles on running an employment agency or employment business in regards to people seeking work.
Work-seekers working through an employment agency or employment business may be employees or workers as defined in employment legislation.

If so they will be entitled to employment rights such as to be paid at least the national minimum wage and rights to rest breaks and paid leave. Read more on employment status.

Treating work-seekers fairly

There are protections in place and set out in the employment agency legislation to ensure that work-seekers are treated fairly.

The obligations, in general terms, are that you must make sure that you follow the law when:

keeping records about the work-seekers and hiring companies

charging any fees to work-seekers or hirers

issuing terms and conditions to work-seekers and hiring companies

advertising jobs and placing workers with hiring companies

What you cannot do

As an employment agency or employment business you cannot:

charge a fee to a work-seeker for work finding services (different rules apply if you are running an employment agency or business to find work in the entertainment or modelling sectors - for more information see entertainment and modelling agencies

stop a work-seeker from working elsewhere, from terminating their contract with you, or require them to tell you the identity of any future employer

(employment businesses only) withhold payments or wages due to work-seekers for work they have carried out

(employment businesses only) supply a temporary work-seeker to replace an individual taking part in industrial action
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Setting up an employment agency or employment business

Information on rules for setting up an employment agency or employment business.

There is no legal requirement to form a limited company in order to trade as an employment agency or employment business.

There are several different options to choose from when starting a business, such as sole trader, partnership, and limited liability company. Your choice will depend on your personal circumstances.

Running the business from home

There is no reason why your business should not be run from your home providing that you comply with the relevant rules and regulations. In some instances working from home can affect your mortgage, your home insurance, and rates, among other things. There are also health and safety issues to be aware of.

Read more on how to use your home as a workplace.

Operating in another country

Not all UK agencies can operate in other countries - it depends on the law of the country concerned. Check with the appropriate country's embassy. Search for a foreign embassy in the UK.

Help when setting up an agency or business

The Recruitment and Employment Confederation (REC) is the main trade body for the recruitment industry. Members of REC can access its business start-up services when setting up. This gives access to resources such as training and mentor support.

Find out about the start-up service on how to join the REC.

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Licences for employment agencies

Agencies that require licensing which are covered by the gangmaster licensing rules and those that provide nursing and domiciliary care.
The majority of employment agencies do not need a licence, but there are some areas of work where a licence is or may be required.

Agencies covered by GLAA licensing rules

If you supply labour or use workers to provide services in one of the following sectors you may need to be licensed by the Gangmasters & Labour Abuse Authority (GLAA):

agriculture

horticulture

shellfish gathering

food processing and packaging

The GLAA regulates the supply of labour into these sectors.

You can apply for, or renew a licence, by telephone or online. Find out about the application process.

Nursing agencies and domiciliary care agencies

If you are setting up or running a nursing agency or domiciliary care agency, you may need to be registered with the Regulation and Quality Improvement Authority (RQIA) which regulates a range of health and social care services. This covers nursing agencies if you supply registered nurses to work for other providers or nurses or carers supplied to work directly in people's own homes.

Find out about regulated care agencies.

To find out more about how to register, you should call the RQIA Registration Team on Tel 028 9051 7500.
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Criminal records checks for agency workers

Information for employment agencies and businesses on making criminal records checks on agency workers.

AccessNI is a Criminal History Disclosure Service within the Northern Ireland Department of Justice, set up to help organisations make safer recruitment decisions.

As an employment agency or employment business there may be some industries you provide workers for that require criminal record checks. This is likely to include workers with duties involving close contact with children or other vulnerable groups, such as elderly people or those with learning disabilities.

Organisations that apply for a check must comply with AccessNI's code of practice. For more information, see AccessNI criminal records checks.

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Subscribe to Employment and skills

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Employing children and young people

Employing workers of compulsory school age

Working conditions limitations

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Employing workers over compulsory school age and under 18

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Employing workers aged 18 or over

National Minimum Wage and Living Wage

Working Hours

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Apprenticeships, internships and education

Internships - working with graduates

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AccessNI checks for overseas applicants

AccessNI criminal records checks

AccessNI: who needs to apply and types of checks

What checks are available?

Basic AccessNI check

Standard AccessNI check

Enhanced AccessNI check

AccessNI: filtered checks

Which AccessNI check should my employees apply for?

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Accepting a previously-issued AccessNI check

AccessNI certificate

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AccessNI costs and how long checks take

AccessNI fees

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How to apply for an AccessNI criminal records check

Using an umbrella body

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How to register with AccessNI

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What is a counter signatory?

Changing your registration details

AccessNI Code of Practice

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What to consider before you ask the applicant for an AccessNI check

Transgender applicants

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How does the application process for AccessNI work?

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Links

Current delivery times for AccessNI disclosure certificates

Source URL

Links

AccessNI checks for overseas applicants

How to check overseas applicants

Certificates of good conduct

Checking an applicant's right to work in the UK