Employment Agency Inspectorate: prosecutions
In this guide:
- Employment agencies and employment businesses: record keeping
- Employment agencies and employment businesses: keeping work-seekers' records
- Employment agencies and businesses: keeping hiring company records
- Keeping records for multiple employment agencies
- How long to store employment agency and business records
- Employment Agency Inspectorate: compliance and enforcement
- Employment agencies: penalties for non-compliance
- Employment Agency Inspectorate: prosecutions
Employment agencies and employment businesses: keeping work-seekers' records
Guidance on the types of records employment agencies and employment businesses need to keep in relation to work-seekers.
There are certain records you must keep when running an employment agency or business about applications from work-seekers.
However, you are not required to keep the details of a work-seeker if you take no action to find them work. For example, if you receive a high volume of speculative CVs, which are not used, records need not be retained on each work-seeker whose CV is not used.
Records data you must keep
You must keep the following records on work-seekers you find, or attempt to find, work for:
- the date their application was received
- their name, address, and, if under 22 years old, their date of birth as well
- any terms which apply, or will apply, between the agency or employment business and the work-seeker
- any document recording variation to the terms between the employment agency or business
- details of their training, experience, qualifications, and any authorisation to undertake particular work (and copies of any documents provided to you relating to this)
- details of any requirements specified by the work-seeker in relation to taking up employment
- names of hirers to whom the work-seeker is introduced or supplied
- details of any resulting engagement and the date from which it takes effect
- a copy of any contract between the work-seeker and a hirer that you entered into on the work-seekers behalf
- the date any applications are withdrawn or contracts are terminated
- details of enquires about the work-seeker and the position concerned - with copies of all relevant documents and dates they were received or sent
Charging fees and records you must keep
If you are permitted to charge fees to work-seekers (ie agencies in the entertainment sector), you should also keep records of either:
- the dates of requests for fees from the work-seeker and receipts of fees or payments, with copy statements or invoices, numbers, and amounts, or
- statements of dates and amounts of sums deducted from the money you received on the work-seekers behalf when you operated a 'client account' to hold the work-seekers money
Developed withAlso on this siteContent category
Source URL
/content/employment-agencies-and-employment-businesses-keeping-work-seekers-records
Links
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.
Developed withAlso on this siteContent category
Source URL
/content/employment-agencies-and-businesses-keeping-hiring-company-records
Links
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
Developed withAlso on this siteContent category
Source URL
/content/keeping-records-multiple-employment-agencies
Links
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.
Developed withAlso on this siteContent category
Source URL
/content/how-long-store-employment-agency-and-business-records
Links
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.
Developed withAlso on this siteContent category
Source URL
/content/employment-agency-inspectorate-compliance-and-enforcement
Links
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.
Developed withAlso on this siteContent category
Source URL
/content/employment-agencies-penalties-non-compliance
Links
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.
Developed withAlso on this siteContent category
Source URL
/content/employment-agency-inspectorate-prosecutions
Links
Employment agencies: penalties for non-compliance
In this guide:
- Employment agencies and employment businesses: record keeping
- Employment agencies and employment businesses: keeping work-seekers' records
- Employment agencies and businesses: keeping hiring company records
- Keeping records for multiple employment agencies
- How long to store employment agency and business records
- Employment Agency Inspectorate: compliance and enforcement
- Employment agencies: penalties for non-compliance
- Employment Agency Inspectorate: prosecutions
Employment agencies and employment businesses: keeping work-seekers' records
Guidance on the types of records employment agencies and employment businesses need to keep in relation to work-seekers.
There are certain records you must keep when running an employment agency or business about applications from work-seekers.
However, you are not required to keep the details of a work-seeker if you take no action to find them work. For example, if you receive a high volume of speculative CVs, which are not used, records need not be retained on each work-seeker whose CV is not used.
Records data you must keep
You must keep the following records on work-seekers you find, or attempt to find, work for:
- the date their application was received
- their name, address, and, if under 22 years old, their date of birth as well
- any terms which apply, or will apply, between the agency or employment business and the work-seeker
- any document recording variation to the terms between the employment agency or business
- details of their training, experience, qualifications, and any authorisation to undertake particular work (and copies of any documents provided to you relating to this)
- details of any requirements specified by the work-seeker in relation to taking up employment
- names of hirers to whom the work-seeker is introduced or supplied
- details of any resulting engagement and the date from which it takes effect
- a copy of any contract between the work-seeker and a hirer that you entered into on the work-seekers behalf
- the date any applications are withdrawn or contracts are terminated
- details of enquires about the work-seeker and the position concerned - with copies of all relevant documents and dates they were received or sent
Charging fees and records you must keep
If you are permitted to charge fees to work-seekers (ie agencies in the entertainment sector), you should also keep records of either:
- the dates of requests for fees from the work-seeker and receipts of fees or payments, with copy statements or invoices, numbers, and amounts, or
- statements of dates and amounts of sums deducted from the money you received on the work-seekers behalf when you operated a 'client account' to hold the work-seekers money
Developed withAlso on this siteContent category
Source URL
/content/employment-agencies-and-employment-businesses-keeping-work-seekers-records
Links
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.
Developed withAlso on this siteContent category
Source URL
/content/employment-agencies-and-businesses-keeping-hiring-company-records
Links
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
Developed withAlso on this siteContent category
Source URL
/content/keeping-records-multiple-employment-agencies
Links
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.
Developed withAlso on this siteContent category
Source URL
/content/how-long-store-employment-agency-and-business-records
Links
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.
Developed withAlso on this siteContent category
Source URL
/content/employment-agency-inspectorate-compliance-and-enforcement
Links
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.
Developed withAlso on this siteContent category
Source URL
/content/employment-agencies-penalties-non-compliance
Links
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.
Developed withAlso on this siteContent category
Source URL
/content/employment-agency-inspectorate-prosecutions
Links
Licences for employment agencies
In this guide:
- Employment agencies and employment businesses
- Employment agencies and employment businesses: the basics
- General principles to running an employment agency or an employment business
- Setting up an employment agency or employment business
- Licences for employment agencies
- Criminal records checks for agency workers
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.
Developed withAlso on this siteContent category
Source URL
/content/employment-agencies-and-employment-businesses-basics
Links
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
Developed withAlso on this siteContent category
Source URL
/content/general-principles-running-employment-agency-or-employment-business
Links
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.
Developed withAlso on this siteContent category
Source URL
/content/setting-employment-agency-or-employment-business
Links
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.
Developed withAlso on this siteContent category
Source URL
/content/licences-employment-agencies
Links
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.
Developed withAlso on this siteContent category
Source URL
/content/criminal-records-checks-agency-workers
Links
National Minimum Wage and National Living Wage rates
In this guide:
- National Minimum Wage and National Living Wage - rates and overview
- National Minimum Wage and National Living Wage rates
- National Living Wage
- Who should be paid the minimum wage?
- What is included in minimum wage pay?
- Calculating minimum wage pay
- National Minimum Wage and National Living Wage records and reporting
- Minimum wage enforcement and penalties
- National Minimum Wage and National Living Wage - Acas Helpline
- Five top tips for employers on paying the minimum wage
- National Minimum Wage: previous rates
National Minimum Wage and National Living Wage rates
Current minimum wage rates for Northern Ireland workers.
The National Minimum Wage and the National Living Wage in the UK apply to workers in Northern Ireland. These minimum wage rates are the hourly rates that workers should be paid by their employers, depending on their age or whether they are an apprentice.
National Minimum Wage and National Living Wage rates change every April. The current minimum wage rates are in effect from 1 April 2025 to 31 March 2026.
Minimum wage rates
The minimum wage rates for 2025-26 are:
Age Minimum wage rates (per hour) from 1 April 2025 21 years old and over (National Living Wage) £12.21 18-20 years old £10.00 16-17 years old £7.55 Apprentices £7.55
Apprentice rate
Apprentices under the age of 19 years old or aged 19 years old or over and in the first year of their apprenticeship are entitled to a minimum hourly rate of £7.55 per hour (this rate does not apply to Higher Level Apprenticeships).
Apprentices are entitled to the minimum wage for their age if they are aged 19 years or over and have completed the first year of their apprenticeship. For example, an apprentice who has completed the first year of their apprenticeship is entitled to a minimum hourly rate of £12.21.
Previous minimum wage rates
For past minimum wage rates, see National Minimum Wage: previous rates.
Who is entitled to be paid the minimum wage rate?
As an employer, you have a legal obligation to pay your workers the correct minimum wage rate at the very least. Ensure you understand who should be paid the minimum wage. Some people, like the self-employed, are not entitled to the minimum wage. For more guidance, see self-employed and the minimum wage, and National Minimum Wage and National Living Wage - who is not entitled to it.
Employer requirements for the minimum wage
If a worker is entitled to the National Minimum Wage or National Living Wage, you must pay them at least the rate they are entitled to for the hours of work that qualify. You cannot make an agreement with a worker to pay them less than the minimum wage rate.
Which minimum wage rate applies to a worker?
You need to know which minimum wage rate applies to a worker, based on their entitlement at the start of each pay reference period. The minimum wage rate that applies to a worker is the rate they are entitled to on the first day of the pay reference period. For more information about pay reference periods, see National Minimum Wage and Living Wage pay reference period.
Minimum wage rate example
For example, at 20 years old, a worker is entitled to the 18 to 20 years old minimum wage rate of £10.00 per hour. From the first pay reference period starting on or after their 21st birthday, they become entitled to the National Living Wage of £12.21 per hour, as this applies to workers aged 21 years and over. If you pay them for a pay reference period ending on a Friday and their birthday is on the following Wednesday, they will be entitled to the National Living Wage rate from the Saturday after their birthday.
As the minimum wage rates are age-related, you may need to ask workers to provide proof of their age.
Minimum wage rates for agricultural workers
Minimum wage rates for agricultural workers in Northern Ireland are different from the National Minimum Wage and National Living Wage rates. These minimum wage rates for agricultural workers are set by the Agricultural Wages Board (AWB) for Northern Ireland. The Department of Agriculture, Environment and Rural Affairs (DAERA) provides further information on the agricultural rates of pay, orders and reports.
The minimum wage rates for agricultural workers in 2025-26 that took effect from 1 April 2025 are:
Agricultural worker grade Current rates (per hour) for 2025-26 Grade 1 (under 18 years old) £8.00 Grade 1 (18-20 years old) £10.00 Grade 1 (over 21 years old) £12.21 Grade 2 (standard worker) £12.50 Grade 3 (lead worker) £12.73 Grade 4 (craft grade) £12.98 Grade 5 (supervisory grade) £13.37 Grade 6 (farm management grade) £13.90
If, at any time, the National Minimum Wage or the National Living Wage becomes higher than the hourly rate set out above, then the minimum rate will default to the National Minimum Wage or National Living Wage, to whichever level of rate applies.
HelpActionsAlso on this sitePrimary parentContent category
Source URL
/content/national-minimum-wage-and-national-living-wage-rates
Links
National Living Wage
The National Living Wage is £12.21 an hour for workers aged 21 years old and older.
The National Living Wage is for workers aged 21 years old and above. The current rate is £12.21 per hour. This rate applies from 1 April 2024 to 31 March 2025.
National Minimum Wage
The National Minimum Wage (NMW) applies to workers aged below 21 years old, and there are a number of different bands of hourly rate:
- NMW for 18-20 years old is £10.00
- NMW for 16-17 years old is £7.55
- NMW for apprentices is £7.55
For further information, see National Minimum Wage and National Living Wage rates.
HelpAlso on this siteContent category
Source URL
/content/national-living-wage
Links
Who should be paid the minimum wage?
Examples of workers entitled to the minimum wage and those that are not.
Most people above compulsory school age working legally in the UK are entitled to be paid the National Minimum Wage. They must be aged 21 years old or over to get the National Living Wage.
Contracts for payments below the minimum wage are not legally binding. The worker is still entitled to the National Minimum Wage or National Living Wage.
Types of workers entitled to minimum wage
Workers are also entitled to the correct minimum wage if they are:
- part-time workers
- casual labourers
- agency workers
- workers and homeworkers paid by the number of items they make
- apprentices
- trainees, workers on probation
- disabled workers
- agricultural workers
- foreign workers
- seafarers
- offshore workers
- non-family members living in the employer's home who share in the work and leisure activities and are treated as one of the family, for example, au pairs
Workers are entitled to the minimum wage whether or not they have a written employment contract.
Examples of people not entitled to minimum wage
Some people who work in the UK are not entitled to the National Minimum Wage or the National Living Wage.
They include:
- self-employed people running their own business
- company directors
- volunteers or voluntary workers
- workers on a government employment programme
- members of the armed forces
- family members of the employer living in the employer's home
- workers younger than school leaving age (usually 16 years old)
- higher and further education students on a work placement for up to one year
- people shadowing others at work
- workers on government pre-apprenticeship schemes
- people on the following European Union (EU) programmes: Leonardo da Vinci, Erasmus+, Comenius
- people working on a Jobcentre Plus Work trial for up to 6 weeks
- share fishermen
- prisoners
- people living and working in a religious community
Employers who offer internships, sometimes referred to as work placements or work experience should check if the person is entitled to the minimum wage. See employment rights and pay for interns.
For more information see National Minimum Wage and National Living Wage - who is not entitled to it.
HelpAlso on this siteContent category
Source URL
/content/who-should-be-paid-minimum-wage
Links
What is included in minimum wage pay?
What counts for National Minimum Wage and National Living Wage pay.
What counts as pay for National Minimum Wage and National Living Wage purposes varies depending on several factors - including, for example, overtime, any premium pay rates, deductions you make from payroll, or payments the worker must make to you to do their job.
Payments that don't count towards minimum wage pay
Benefits in kind, such as meals, fuel, a car, or employer pension contributions, do not count towards minimum wage pay. If you provide living accommodation a set amount may count towards minimum wage pay.
You must make sure you pay your workers who are entitled to at least minimum wage pay. To see whether a worker's pay is in line with the minimum wage, you must calculate it in a particular way.
Only particular elements of a worker's pay can count towards their minimum wage pay. For example, loans, pension payments, redundancy payments, and the premium element of overtime pay do not count towards minimum wage pay. Also, some deductions and payments from workers will reduce minimum wage pay. For more information, see National Minimum Wage and National Living Wage - calculating minimum wage pay.
HelpAlso on this siteContent category
Source URL
/content/what-included-minimum-wage-pay
Links
Calculating minimum wage pay
How to calculate pay for National Minimum Wage and National Living Wage purposes.
A worker's pay for minimum wage purposes must be calculated in a particular way. The starting point is the worker's total pay in a pay reference period before income tax and National Insurance contributions are deducted. Then you need to work out which elements of pay count towards minimum wage and those elements that do not count for minimum wage purposes.
What counts as pay for minimum wage purposes?
Elements that do count towards minimum wage are:
- incentive payments - these count towards minimum wage pay if they relate solely to the performance of a worker, such as payments made as part of an incentive, sales commission, merit, or any performance pay scheme
- bonuses
For further details, see what counts as minimum wage pay.
What does not count as pay for minimum wage purposes?
Elements that do not count towards minimum wage are:
- tips, gratuities, service and cover chargesloans
- overtime and shift premia
- allowances
- payments by an employer to reimburse a worker's expense
- benefits in kind, eg, fuel, meals, car, medical insurance, child care vouchers
- loans
- advances of wages
- pension payments
- lump sums on retirement
- redundancy payments
- rewards under staff suggestion schemes
- shares and share options
For those elements that do not count towards the minimum wage you must either not include them at all, such as loans or different pay rates for different jobs, or deduct specific premium amounts eg when paying a higher rate than the standard rate for some work such as overtime.
For further details see pay that does not count towards the minimum wage - overtime and shift rates.
Including payments that do not count as pay for the minimum wage can wrongly appear that you have paid the minimum wage when in fact you have not.
For full details, see calculating the minimum wage.
Minimum wage calculator
You should use the minimum wage calculator for employers to check if you are paying the correct minimum wage or if you owe a payment from the previous year. Employers who discover they've paid a worker below the correct minimum wage must pay any arrears immediately.
If you are unsure about any aspect of minimum wage entitlement, you can contact the Acas helpline on 0300 123 1100.
HelpActionsAlso on this siteContent category
Source URL
/content/calculating-minimum-wage-pay
Links
National Minimum Wage and National Living Wage records and reporting
Legal requirements on keeping minimum wage records.
You are legally required to keep sufficient records to show you are complying with the minimum wage requirements. If you do not, it is a criminal offence and you could be fined.
For many employers, existing payroll and business records will be sufficient to demonstrate they are paying their workers the minimum wage, and there is no need to maintain separate records specifically for minimum wage purposes. You must decide what counts as sufficient records for your business.
You must produce records for inspection if requested by your workers or an HM Revenue & Customs Compliance Officer.
Your records will be used in the event of a dispute. In civil claims the burden is on you, the employer, to prove you have paid your workers at least the minimum wage.
For further details, see the minimum wage record keeping section of enforcing the minimum wage.
HelpAlso on this siteContent category
Source URL
/content/national-minimum-wage-and-national-living-wage-records-and-reporting
Links
Minimum wage enforcement and penalties
How minimum wage law is enforced and the penalties you could face if you don't pay it correctly.
The National Minimum Wage and National Living Wage can be enforced in a number of different ways, including:
- by Compliance Officers of HM Revenue & Customs (HMRC)
- by a worker making a claim in an industrial tribunal or court
- in the case of agricultural workers, through Agricultural Wages Inspectors (who can also enforce the agricultural minimum wage)
Minimum wage criminal offences
There are six criminal offences relating to the minimum wage:
- refusing or wilfully neglecting to pay the minimum wage
- failing to keep or preserve minimum wage records
- causing or allowing a materially false entry to be made in minimum wage records
- producing or furnishing records or information which are known to be materially false
- intentionally delaying or obstructing a compliance officer
- refusing or neglecting to answer questions, give information, or produce documents to a compliance officer
Employers who deliberately fail to pay the minimum wage may face a potentially unlimited fine.
Minimum wage inspections
HMRC Compliance Officers may carry out inspections of employers at any time. There is no requirement on them to provide reasons for an inspection. Officers will act in response to complaints that an employer is not paying the minimum wage, whether the complaint is by workers or others. They will also investigate where they consider there is a risk of non-payment.
Minimum wage arrears
You must pay minimum wage to workers if it is due. If you discover you have paid your workers below minimum wage rates, you must pay any arrears of minimum wage to the workers immediately. Arrears are calculated in accordance with a formula that uses current rates. HMRC Compliance Officers will issue a notice of underpayment to enforce any arrears of minimum wage they find are outstanding at the start of their investigation. They may also impose a penalty.
For further details, see calculating the minimum wage arrears section of the calculating the minimum wage.
If you break minimum wage law, you could face an unlimited fine and also be named publicly.
HelpAlso on this siteContent category
Source URL
/content/minimum-wage-enforcement-and-penalties
Links
National Minimum Wage and National Living Wage - Acas Helpline
Find out more about the minimum wage by contacting Acas.
You can get advice and guidance on the National Minimum Wage and National Living Wage by contacting the Acas Helpline. You can also make a complaint if you believe a worker is being paid under the minimum wage rate they are entitled to.
The Acas Helpline Tel 0300 123 1100 is open Monday - Friday, 8am to 6pm.
The advice is free, but you may be charged for the call depending on your phone provider and whether you use a mobile or a landline.
Minimum wage complaints
If workers believe they aren't being paid the minimum wage they can telephone the Acas Helpline or complete the online complaint form. All complaints are treated as confidential and HM Revenue & Customs will investigate where it appears that a worker or former worker may have been underpaid.
Workers who believe they have not been paid the minimum wage when it is due may also make a claim through an industrial tribunal or civil court.
In Northern Ireland, the Acas Helpline can advise callers only on matters of minimum wage and Gangmasters licencing standards.
Employment rights advice in Northern Ireland
Queries on other areas of employment rights for Northern Ireland employers should be directed to the Labour Relations Agency (LRA) Workplace Information Service on Tel 03300 555 300. The LRA Helpline is open Monday - Friday, 9am to 5pm. Contact the LRA Helpline.
Also on this siteContent category
Source URL
/content/national-minimum-wage-and-national-living-wage-acas-helpline
Links
Five top tips for employers on paying the minimum wage
Practical tips to help employers meet their obligations on correctly paying the minimum wage.
As an employer, you are responsible for ensuring you pay the National Minimum Wage and National Living Wage.
5 minimum wage payment tips for employers
The following top tips will help you to understand your main responsibilities in paying the minimum wage correctly.
1. Know who should be paid the minimum wage
Most people above compulsory school age working legally in the UK are entitled to be paid at least the minimum wage. Workers are entitled to the minimum wage whether or not they have a written employment contract. See who should be paid the minimum wage?
2. Keep up-to-date with minimum wage rates
Changes to the National Minimum Wage and National Living Wage rates take place in April each year. It is your responsibility as an employer to ensure you are paying the correct rate. See current National Minimum Wage and National Living Wage rates.
3. Understand what should be included in minimum wage pay
What should be counted as minimum wage pay varies depending on several factors. For example, benefits in kind such as meals or fuel do not count towards it. See what is included in minimum wage pay?
4. Keep sufficient minimum wage records
You are legally required to keep sufficient records to show you are meeting minimum wage requirements. For many employers existing payroll and business records are appropriate. These records can be used if a dispute occurs - it is your responsibility to prove you are meeting requirements. See National Minimum Wage And National Living Wage records and reporting.
5. Be aware of what is classed as a criminal offence
Criminal offences relating to the minimum wage include refusal or wilful neglect to pay it and producing false records or information. See minimum wage enforcement and penalties.
HelpAlso on this siteContent category
Source URL
/content/five-top-tips-employers-paying-minimum-wage
Links
National Minimum Wage: previous rates
Minimum wage rates for previous years from 1999 to the current period.
Listed below are the minimum wage rates for UK workers for previous years from 1999 up to the current rate. This also includes the National Living Wage rates that were first introduced in April 2016.
Year Age 22+ Age 18-21 1 Apr 1999 £3.60 £3.00 1 Jun 2000 £3.60 £3.20 1 Oct 2000 £3.70 £3.20 1 Oct 2001 £4.10 £3.50 1 Oct 2002 £4.20 £3.60 1 Oct 2003 £4.50 £3.80
In October 2004 a new minimum wage rate for 16 to 17 year olds was introduced.
Year Age 22+ Age 18-21 Age 16-17 1 Oct 2004 £4.85 £4.10 £3.00 1 Oct 2005 £5.05 £4.25 £3.00 1 Oct 2006 £5.35 £4.45 £3.30 1 Oct 2007 £5.52 £4.60 £3.40 1 Oct 2008 £5.73 £4.77 £3.53 1 Oct 2009 £5.80 £4.83 £3.57
In October 2010, a number of changes were made to the minimum wage rates. This included the introduction of an apprentice rate.
Year Age 21+ Age 18-20 Age 16-17 Apprentice 1 Oct 2010 £5.93 £4.92 £3.64 £2.50 1 Oct 2011 £6.08 £4.98 £3.68 £2.60 1 Oct 2012 £6.19 £4.98 £3.68 £2.65 1 Oct 2013 £6.31 £5.03 £3.72 £2.68 1 Oct 2014 £6.50 £5.13 £3.79 £2.73 1 Oct 2015 £6.70 £5.30 £3.87 £3.30
Previous rates for the National Living Wage and the National Minimum WageThe National Living Wage was introduced in the UK in April 2016 and until 31 March 2021, employers had to pay workers aged 25 years old and over.
On 1 April 2021, the National Living Wage was extended to those aged 23 years old and above.
Since 1 April 2024, the National Living Wage was extended further to include workers aged 21 years old and above.
Year 25 and over 21 to 24 18 to 20 Under 18 Apprentice 1 Apr 2016 - 30 Sep 2016 £7.20 £6.70 £5.30 £3.87 £3.30 1 Oct 2016 - 31 Mar 2017 £7.20 £6.95 £5.55 £4.00 £3.40 2017-18 £7.50 £7.05 £5.60 £4.05 £3.50 2018-19 £7.83 £7.38 £5.90 £4.20 £3.70 2019-20 £8.21 £7.70 £6.15 £4.35 £3.90 2020-21 £8.72 £8.20 £6.45 £4.55 £4.15 Year 23 and over 21 to 22 18 to 20 16 to 17 Apprentice 2021-22 £8.91 £8.36 £6.56 £4.62 £4.30 2022-23 £9.50 £9.18 £6.83 £4.81 £4.81 2023-24 £10.42 £10.18 £7.49 £5.28 £5.28
In April 2024, the National Living Wage was extended to include workers who were 21 years old and over.
Year 21 and over 18-20 16-17 Apprentice 2024-25 £11.44 £8.60 £6.40 £6.40
See the current National Minimum Wage and National Living Wage rates.Also on this siteContent category
Source URL
/content/national-minimum-wage-previous-rates
Links
Employment agencies providing additional services and goods
In this guide:
- Running an employment agency or business
- Before starting an employment agency or business
- Supplying limited company contractors
- Employment businesses - content of terms with work-seekers
- Employment businesses - content of terms with hiring companies
- Before placing a worker with a hirer
- Employment businesses - additional checks
- Employment businesses - protection of the work-seeker and the hirer
- When work-seekers must travel or live away from home
- Employment agencies providing additional services and goods
- Paying work-seekers
- Charging transfer fees to hiring companies
Before starting an employment agency or business
Actions that should be taken before opening an employment agency or employment business.
If you are operating as an employment business you must agree written terms and conditions with work-seekers and hirers before you undertake any work-finding services. For more information see employment businesses - content of terms with work-seekers and employment businesses - content of terms with hiring companies.
Additional services
If you provide any additional services, such as CV writing, accommodation, transport etc, this should be covered in a separate document and issued to work-seekers before providing these services - see employment agencies - providing additional services and goods.
Additional rules apply to employment agencies and businesses operating in the entertainment or modelling sectors - see entertainment and modelling agencies.
Advertisements
You must not advertise a vacancy unless you have obtained full details of the specific position advertised and the authority of the hirer to find work-seekers for that position or the authority of an agency or employment business which has the authority to issue the advertisement.
Every advertisement must include the full name of the agency or the employment business and confirmation of whether the vacancy is 'temporary' or 'permanent'.
Where the rate of pay is included in the advertisement it must also include the nature of the work, the location, the minimum experience levels and details of any training required.
More than one employment agency or employment business involved
If you agree with another employment agency or employment business to facilitate the provision of work-finding services to a work-seeker or hirer, you must make enquiries to establish that the other agency/business is suitable to act as such and there must be satisfactory answers to those enquiries.
You must also agree in which capacity each of you will act - ie as an employment agency or an employment business. For details about records of enquiries see employment agencies and employment businesses: record keeping responsibilities.
Developed withAlso on this siteContent category
Source URL
/content/starting-employment-agency-or-business
Links
Supplying limited company contractors
Factors to consider when a limited company hires work-seekers.
If you supply work-seekers who provide their services through a limited company such work-seekers are covered by these rules (unless they have given notice to opt out - see below). Any references to a work-seeker in this guide also includes a work-seeker that is a limited company and, in most cases, the person who is or would be supplied by the 'work-seeker' (limited company) to carry out the work.
Limited company contractors and those persons they supply can agree not to be covered by the regulations provided they give notice to 'opt-out' of the regulations before they are introduced or supplied to a hirer.
Where an incorporated work-seeker has 'opted out' of the regulations, you must inform the hirer that the worker has 'opted out' and the regulations will therefore not apply.
A work-seeker can withdraw the opt-out notice after they have commenced working with a hirer but the withdrawal of the opt-out notice will only be effective when the work-seeker (or the person supplied to do the work) stops working in that position.
The 'opt-out' provision does not apply to those limited company work-seekers who will be supplied to work with vulnerable people.
Entering into contracts with hirers and work-seekers
Employment businesses
Where you operate as an employment business you cannot enter into a contract on behalf of a work-seeker with a hirer or on behalf of a hirer with a work-seeker.
Employment agencies
Where you operate as an employment agency you can only enter into a contract with a work-seeker on behalf of a hirer if the hirer has given you authority to do so. You can only enter into a contract with a hirer on behalf of a work-seeker if the work-seeker is seeking employment in the entertainment sector and the work-seeker has given you authority to enter into such contracts.
Whether you act for the work-seeker or hirer you must inform your client of the terms of the contract within five business days of entering into that contract.
When agreeing to the terms of a contract you cannot act on behalf of both the work-seeker and the hirer.
Developed withAlso on this siteContent category
Source URL
/content/supplying-limited-company-contractors
Links
Employment businesses - content of terms with work-seekers
Terms that should be agreed with those looking to seek work.
Before starting to find work for work-seekers you must agree the terms that will apply with the work-seeker. These should include:
- a statement that the services provided will be those of an employment business
- the type of work you will find or seek to find for the work-seeker
- whether those work-seekers are or will be employed by you under a contract of service, or apprenticeship, or a contract for services, and the terms of employment that will apply
- an undertaking that you will pay the work-seeker for all work done by the work-seeker regardless of whether or not you are paid by the hirer
- the length of notice which the work-seeker will be required to give and entitled to receive from the employment business in respect of particular assignments with hirers
- either the rate of pay payable to the work-seeker, or the minimum rate of pay which you reasonably expect to achieve for the work-seeker
- details of the intervals at which remuneration will be paid (for example, weekly in arrears etc)
- the amount of holiday and details of payment for holiday that will be given - the majority of work-seekers will be covered by The Working Time (Amendment) Regulations (Northern Ireland) 2023 and, therefore, will be entitled to statutory holiday pay
Where the work-seeker is a limited company (and not opted out of the regulations) and where annual leave provisions would not apply, you must detail any period of absence that a limited company work-seeker may be entitled to and to be paid for.
If you and the work-seeker agree any changes to the terms, you must, as soon as reasonably practicable after the changes have been agreed, give the work-seeker a new document setting out details of the changes and stating the date that the varied terms take effect.
Developed withAlso on this siteContent category
Source URL
/content/employment-businesses-content-terms-work-seekers
Links
Employment businesses - content of terms with hiring companies
Terms and conditions that should be agreed with hirer the first time you provide a service to them.
Before providing a service to a hirer you must agree with the hirer the terms and conditions which apply or will apply between you and the hirer.
You should give them a statement that the services provided will be those of an employment business (ie supplying temporary workers).
Details of fees
You should also set out the details of any fees which may be payable to the agency or employment business by the hirer including:
- the amount of the fee or its method of calculation
- the circumstances, if any, in which refunds or rebates are payable to the hirer or, if none are payable, a statement to that effect
Procedure for unsatisfactory worker performance
Finally you should set out the procedure to be followed if you supply a work-seeker to a hirer who proves unsatisfactory. For example:
- how the hirer should notify you if a temporary worker supplied is not satisfactory - including the time limits for doing this
- what you will do as a consequence eg terminate the worker's assignment, seek to rectify the problem or supply an alternative work-seeker
You must ensure that all of the terms between you and the hirer are recorded and that a copy is provided to the hirer as soon as is practical. This will normally take the form of a set of business terms or a letter setting out all the terms agreed.
If you and the hirer agree any changes to the terms, you must, as soon as reasonably practical after the changes have been agreed, give the hirer a new document setting out details of the changes and stating the date that the varied terms take effect.
Developed withAlso on this siteContent category
Source URL
/content/employment-businesses-content-terms-hiring-companies
Links
Before placing a worker with a hirer
Information that should be obtained before you place a worker with a hirer.
As an employment agency or business, before placing a work-seeker with a hirer you must obtain sufficient information from the hirer about that position including:
- the identity of the hirer and, if applicable, the nature of the hirer's business
- the date on which the hirer requires a work-seeker to start work and the duration of the work
- the position the hirer is seeking to fill, including the type of work, location, working hours and any health and safety risks and controls
- the experience, training and qualifications which the hirer requires for the post or are necessary by law
- any expenses payable by or to the work-seeker
- (in the case of an agency) the minimum rate of remuneration, benefits, method of payment, and, where applicable, notice periods for termination of employment
If you operate as an employment business or you operate as an employment agency which is introducing workers where the worker will be working with vulnerable people you must:
- ensure a work-seeker has the experience, training, qualifications and any authorisation required by the hirer by law or by any professional body
- seek confirmation of the work-seeker's identity
For further information see employment agencies and employment businesses: record keeping.
Developed withAlso on this siteContent category
Source URL
/content/placing-worker-hirer
Links
Employment businesses - additional checks
Checks that should be taken by employment agencies or businesses when supplying work-seekers who work with or care for vulnerable people.
As an employment business, if you supply or introduce a work-seeker where professional qualifications are required you should obtain copies of any relevant qualifications and make them available to the hirer.
As an employment agency or employment business if you supply or introduce a work-seeker who is required to work with or care for vulnerable people you must obtain two references on the work-seeker and make them available to the hirer, as well as carrying out checks to make sure the work-seeker is suitable to work in the position.
Where you have tried to obtain copies of the relevant qualification or references but have been unable to do so you must inform the hirer that you have made reasonable attempts to obtain this information and explain what steps you have taken.
Developed withAlso on this siteContent category
Source URL
/content/employment-businesses-additional-checks
Links
Employment businesses - protection of the work-seeker and the hirer
Steps the employment agency or employment business must take to ensure both parties are aware of what is required of them.
As an employment agency or employment business you must not introduce or supply a work-seeker to a hirer unless you have taken reasonable steps to ensure that the work-seeker and the hirer are each aware of any requirements imposed by law, or by any professional body, in order for the work-seeker to take up the position.
You must also make enquiries to ensure that it would not be detrimental to the interests of the work-seeker or the hirer for the work-seeker to work for the hirer.
Where you operate as an employment business and you receive information that indicates that a work-seeker may be unsuitable for the position you must:
- inform the hirer of that information
- make further enquiries as to the suitability of the work-seeker and inform the hirer of these enquiries
Where the enquiries indicate that a work-seeker is unsuitable for the position, or information is received that indicates the work-seeker is not suitable, you must, without delay:
- inform the hirer of that information
- end the supply of that work-seeker to the hirer
Where you operate as an employment agency, and have introduced a work-seeker to a hirer, and you subsequently receive information within a period of three months from the date of introduction, which indicates that the work-seeker is or may be unsuitable for the position with the hirer you must inform the hirer of that information without delay.
Developed withAlso on this siteContent category
Source URL
/content/employment-businesses-protection-work-seeker-and-hirer
Links
When work-seekers must travel or live away from home
Employment agencies or businesses, work-seekers and providing travel or accommodation.
You must not arrange work for a work-seeker (except in situations where they are given a contract of employment by the hirer) if in order to take up that work the work-seeker must live away from home, unless you have taken all reasonable steps to ensure that:
- suitable accommodation will be available before the work-seeker starts work
- the work-seeker has been informed of details of the accommodation including any cost and the arrangements to travel to such accommodation
Where the work-seeker is not the employee of the hirer or the work-seeker is under 18 years of age, and free travel or payment is arranged for the work-seeker's journey to work, you must, if the work does not start or when it finishes either:
- arrange free travel for the return journey
- pay the work-seeker's return fare, or
- obtain an undertaking from the hirer that he/she will arrange free return travel or pay the return fare
You must set out these arrangements in writing for the work-seeker.
Where a hirer does not comply with its undertaking to arrange free return travel or pay the return fare, you must bear this cost for the work-seeker.
You must not introduce or supply a work-seeker who is under the age of 18 for a position if they are required to live away from home, unless you have obtained direct written consent from a parent or guardian.
If you issue a loan to a work-seeker to meet their travel or other expenses to take up a position, you cannot require the work-seeker to repay a sum greater than the sum loaned.
Au pairs
Where the work-seeker is an au pair you must not arrange employment for them if they are required to repay either you or the hirer for the fare between the au pair's home and place of work.
You can require that the au pair pays their own fare from their home to the place of employment but neither you nor the hirer can require that the cost of the fare comes out of the au pair's pay.
Developed withAlso on this siteContent category
Source URL
/content/when-work-seekers-must-travel-or-live-away-home
Links
Employment agencies providing additional services and goods
Rules and legal requirements for employment agencies that provide additional services or goods to jobseekers.
You are allowed to charge jobseekers for additional services eg CV writing or transport to jobs. However you are not allowed to charge individuals seeking work for work-finding services unless you are an employment agency in the entertainment sector - see entertainment and modelling agencies.
If you are providing additional services you or anyone connected with your business cannot make the provision of work-finding services conditional on jobseekers using any of these additional services.
Additional services provided by an employment agency
If you provide someone seeking work with more than one service, you must inform them:
- which services are the work-finding services for which you cannot charge them a fee
- which services are the additional services or goods that you can charge for and provide them with details of any such fee, ie the amount or method of calculation of the fee, who the fee will be payable to, a description of what the fee relates to, and the circumstances (if any) in which refunds or rebates are payable to jobseeker
Before providing additional services you must give the jobseeker details of:
- their right to cancel the services at any time, without detriment or penalty
- the amount of notice required if the work-seeker wishes to cancel - ie five working days or ten working days for the provision of living accommodation
If there is a change to the fees for the services offered or the goods provided, you should give the jobseeker further notice detailing the changes.
If you offer any gift or make an offer of any benefit to a jobseeker, for example to entice them to use your services, you must make clear the terms and conditions on which the gift or benefit is offered.
Developed withAlso on this siteContent category
Source URL
/content/employment-agencies-providing-additional-services-and-goods
Links
Paying work-seekers
The payment guidelines you must follow when operating as an employment agency or employment business.
If you operate as an employment agency and introduce a work-seeker to a hirer for employment by the hirer you cannot be responsible for paying the work-seeker remuneration arising from the work-seeker's employment with the hirer.
Separate rules apply to entertainment and modelling agencies. For further information see entertainment and modelling agencies.
If you are an employment business supplying temporary work-seekers you are responsible for paying the work-seekers. You must pay a temporary work-seeker for all the hours they work.
Even if you have not been paid by the hiring company or the work-seeker has not supplied you with a time sheet authorised or signed by the hirer verifying the hours worked by that work-seeker, you must still pay the work-seeker for the hours they have worked.
Developed withAlso on this siteContent category
Source URL
/content/paying-work-seekers
Links
Charging transfer fees to hiring companies
Employment agencies and businesses and using transfer fees fairly.
As an employment business you cannot use transfer fees unreasonably as a means of discouraging or deterring hirers from:
- offering permanent work to temporary workers
- having workers supplied through a different employment business
- introducing workers to a third party to be employed by that party
You can charge transfer fees to hirers to protect your legitimate business interests, in three situations:
- Temp-to-perm fees - when you have supplied a temporary worker who is then taken on directly by the hiring company.
- Temp-to-temp fees - if the hiring company changes agency but wants to keep on a temporary worker you supplied, meaning that the worker has to change agency.
- Temp-to-third-party fees - if the hiring company introduces a temporary worker you supplied to another person that goes on to employ them.
It is unlawful for you to seek to charge a transfer fee (following the supply of a worker) in any other situation. A hirer is entitled to recover any money they have paid for unlawful transfer fees.
Temp-to-perm and temp-to-temp fees
You can charge a transfer fee in temp-to-perm and temp-to-temp situations provided the hirer is given the option to have the worker supplied by you for a specified period of hire, at the end of which the worker will transfer without charge instead of paying the transfer fee.
Where the hirer has opted for a specified period of hire, you must supply the worker for the entirety of that period (unless you are prevented from so doing in circumstances that are not your fault). The supply terms cannot be less favourable to the hirer than those which applied prior to the hirer opting for the specified hire period. In order for a transfer fee to be payable, the transfer of the work-seeker must take place within the 'relevant period'.
The 'relevant period' is whichever of the following periods ends later:
- 14 weeks beginning from the first day on which the worker worked for the hirer having been supplied by the employment business
- eight weeks starting from the day after the day on which the worker last worked for the hirer having been supplied by the employment business
Where there has been more than one assignment care must be taken in calculating the correct start date for the 14-week period. If there was a break of more than 42 days (six weeks) between assignments this will break continuity and the later assignment will be taken as the first assignment. Where there has been a break of 42 days or less this will not trigger the start of a new 14-week period.
Temp-to-third party fees
If you supplied a worker who your client introduced to a third party you can charge a transfer fee following the same principles as a temp-to-perm or temp-to-temp fee - but you do not have to offer the client a choice between the transfer fee and an extended period of hire.
Situations where you introduce but do not supply a temporary worker
If you introduce a worker rather than supply them you can charge a fee - often called an introduction fee.
The fee should follow the same principles as the temp-to-perm and temp-to-temp fees but there is no limit on the period during which such a transfer must occur. The hirer must be given the option to have the worker supplied by you for a specified period of hire, at the end of which the worker will transfer without charge instead of paying the transfer fee. There is no limit on the agreed specified period of hire or the level of the transfer fee.
Developed withAlso on this siteContent category
Source URL
/content/charging-transfer-fees-hiring-companies
Links
Keeping records for multiple employment agencies
In this guide:
- Employment agencies and employment businesses: record keeping
- Employment agencies and employment businesses: keeping work-seekers' records
- Employment agencies and businesses: keeping hiring company records
- Keeping records for multiple employment agencies
- How long to store employment agency and business records
- Employment Agency Inspectorate: compliance and enforcement
- Employment agencies: penalties for non-compliance
- Employment Agency Inspectorate: prosecutions
Employment agencies and employment businesses: keeping work-seekers' records
Guidance on the types of records employment agencies and employment businesses need to keep in relation to work-seekers.
There are certain records you must keep when running an employment agency or business about applications from work-seekers.
However, you are not required to keep the details of a work-seeker if you take no action to find them work. For example, if you receive a high volume of speculative CVs, which are not used, records need not be retained on each work-seeker whose CV is not used.
Records data you must keep
You must keep the following records on work-seekers you find, or attempt to find, work for:
- the date their application was received
- their name, address, and, if under 22 years old, their date of birth as well
- any terms which apply, or will apply, between the agency or employment business and the work-seeker
- any document recording variation to the terms between the employment agency or business
- details of their training, experience, qualifications, and any authorisation to undertake particular work (and copies of any documents provided to you relating to this)
- details of any requirements specified by the work-seeker in relation to taking up employment
- names of hirers to whom the work-seeker is introduced or supplied
- details of any resulting engagement and the date from which it takes effect
- a copy of any contract between the work-seeker and a hirer that you entered into on the work-seekers behalf
- the date any applications are withdrawn or contracts are terminated
- details of enquires about the work-seeker and the position concerned - with copies of all relevant documents and dates they were received or sent
Charging fees and records you must keep
If you are permitted to charge fees to work-seekers (ie agencies in the entertainment sector), you should also keep records of either:
- the dates of requests for fees from the work-seeker and receipts of fees or payments, with copy statements or invoices, numbers, and amounts, or
- statements of dates and amounts of sums deducted from the money you received on the work-seekers behalf when you operated a 'client account' to hold the work-seekers money
Developed withAlso on this siteContent category
Source URL
/content/employment-agencies-and-employment-businesses-keeping-work-seekers-records
Links
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.
Developed withAlso on this siteContent category
Source URL
/content/employment-agencies-and-businesses-keeping-hiring-company-records
Links
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
Developed withAlso on this siteContent category
Source URL
/content/keeping-records-multiple-employment-agencies
Links
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.
Developed withAlso on this siteContent category
Source URL
/content/how-long-store-employment-agency-and-business-records
Links
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.
Developed withAlso on this siteContent category
Source URL
/content/employment-agency-inspectorate-compliance-and-enforcement
Links
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.
Developed withAlso on this siteContent category
Source URL
/content/employment-agencies-penalties-non-compliance
Links
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.
Developed withAlso on this siteContent category
Source URL
/content/employment-agency-inspectorate-prosecutions
Links
Employment agencies and businesses: keeping hiring company records
In this guide:
- Employment agencies and employment businesses: record keeping
- Employment agencies and employment businesses: keeping work-seekers' records
- Employment agencies and businesses: keeping hiring company records
- Keeping records for multiple employment agencies
- How long to store employment agency and business records
- Employment Agency Inspectorate: compliance and enforcement
- Employment agencies: penalties for non-compliance
- Employment Agency Inspectorate: prosecutions
Employment agencies and employment businesses: keeping work-seekers' records
Guidance on the types of records employment agencies and employment businesses need to keep in relation to work-seekers.
There are certain records you must keep when running an employment agency or business about applications from work-seekers.
However, you are not required to keep the details of a work-seeker if you take no action to find them work. For example, if you receive a high volume of speculative CVs, which are not used, records need not be retained on each work-seeker whose CV is not used.
Records data you must keep
You must keep the following records on work-seekers you find, or attempt to find, work for:
- the date their application was received
- their name, address, and, if under 22 years old, their date of birth as well
- any terms which apply, or will apply, between the agency or employment business and the work-seeker
- any document recording variation to the terms between the employment agency or business
- details of their training, experience, qualifications, and any authorisation to undertake particular work (and copies of any documents provided to you relating to this)
- details of any requirements specified by the work-seeker in relation to taking up employment
- names of hirers to whom the work-seeker is introduced or supplied
- details of any resulting engagement and the date from which it takes effect
- a copy of any contract between the work-seeker and a hirer that you entered into on the work-seekers behalf
- the date any applications are withdrawn or contracts are terminated
- details of enquires about the work-seeker and the position concerned - with copies of all relevant documents and dates they were received or sent
Charging fees and records you must keep
If you are permitted to charge fees to work-seekers (ie agencies in the entertainment sector), you should also keep records of either:
- the dates of requests for fees from the work-seeker and receipts of fees or payments, with copy statements or invoices, numbers, and amounts, or
- statements of dates and amounts of sums deducted from the money you received on the work-seekers behalf when you operated a 'client account' to hold the work-seekers money
Developed withAlso on this siteContent category
Source URL
/content/employment-agencies-and-employment-businesses-keeping-work-seekers-records
Links
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.
Developed withAlso on this siteContent category
Source URL
/content/employment-agencies-and-businesses-keeping-hiring-company-records
Links
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
Developed withAlso on this siteContent category
Source URL
/content/keeping-records-multiple-employment-agencies
Links
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.
Developed withAlso on this siteContent category
Source URL
/content/how-long-store-employment-agency-and-business-records
Links
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.
Developed withAlso on this siteContent category
Source URL
/content/employment-agency-inspectorate-compliance-and-enforcement
Links
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.
Developed withAlso on this siteContent category
Source URL
/content/employment-agencies-penalties-non-compliance
Links
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.
Developed withAlso on this siteContent category
Source URL
/content/employment-agency-inspectorate-prosecutions
Links
Charging transfer fees to hiring companies
In this guide:
- Running an employment agency or business
- Before starting an employment agency or business
- Supplying limited company contractors
- Employment businesses - content of terms with work-seekers
- Employment businesses - content of terms with hiring companies
- Before placing a worker with a hirer
- Employment businesses - additional checks
- Employment businesses - protection of the work-seeker and the hirer
- When work-seekers must travel or live away from home
- Employment agencies providing additional services and goods
- Paying work-seekers
- Charging transfer fees to hiring companies
Before starting an employment agency or business
Actions that should be taken before opening an employment agency or employment business.
If you are operating as an employment business you must agree written terms and conditions with work-seekers and hirers before you undertake any work-finding services. For more information see employment businesses - content of terms with work-seekers and employment businesses - content of terms with hiring companies.
Additional services
If you provide any additional services, such as CV writing, accommodation, transport etc, this should be covered in a separate document and issued to work-seekers before providing these services - see employment agencies - providing additional services and goods.
Additional rules apply to employment agencies and businesses operating in the entertainment or modelling sectors - see entertainment and modelling agencies.
Advertisements
You must not advertise a vacancy unless you have obtained full details of the specific position advertised and the authority of the hirer to find work-seekers for that position or the authority of an agency or employment business which has the authority to issue the advertisement.
Every advertisement must include the full name of the agency or the employment business and confirmation of whether the vacancy is 'temporary' or 'permanent'.
Where the rate of pay is included in the advertisement it must also include the nature of the work, the location, the minimum experience levels and details of any training required.
More than one employment agency or employment business involved
If you agree with another employment agency or employment business to facilitate the provision of work-finding services to a work-seeker or hirer, you must make enquiries to establish that the other agency/business is suitable to act as such and there must be satisfactory answers to those enquiries.
You must also agree in which capacity each of you will act - ie as an employment agency or an employment business. For details about records of enquiries see employment agencies and employment businesses: record keeping responsibilities.
Developed withAlso on this siteContent category
Source URL
/content/starting-employment-agency-or-business
Links
Supplying limited company contractors
Factors to consider when a limited company hires work-seekers.
If you supply work-seekers who provide their services through a limited company such work-seekers are covered by these rules (unless they have given notice to opt out - see below). Any references to a work-seeker in this guide also includes a work-seeker that is a limited company and, in most cases, the person who is or would be supplied by the 'work-seeker' (limited company) to carry out the work.
Limited company contractors and those persons they supply can agree not to be covered by the regulations provided they give notice to 'opt-out' of the regulations before they are introduced or supplied to a hirer.
Where an incorporated work-seeker has 'opted out' of the regulations, you must inform the hirer that the worker has 'opted out' and the regulations will therefore not apply.
A work-seeker can withdraw the opt-out notice after they have commenced working with a hirer but the withdrawal of the opt-out notice will only be effective when the work-seeker (or the person supplied to do the work) stops working in that position.
The 'opt-out' provision does not apply to those limited company work-seekers who will be supplied to work with vulnerable people.
Entering into contracts with hirers and work-seekers
Employment businesses
Where you operate as an employment business you cannot enter into a contract on behalf of a work-seeker with a hirer or on behalf of a hirer with a work-seeker.
Employment agencies
Where you operate as an employment agency you can only enter into a contract with a work-seeker on behalf of a hirer if the hirer has given you authority to do so. You can only enter into a contract with a hirer on behalf of a work-seeker if the work-seeker is seeking employment in the entertainment sector and the work-seeker has given you authority to enter into such contracts.
Whether you act for the work-seeker or hirer you must inform your client of the terms of the contract within five business days of entering into that contract.
When agreeing to the terms of a contract you cannot act on behalf of both the work-seeker and the hirer.
Developed withAlso on this siteContent category
Source URL
/content/supplying-limited-company-contractors
Links
Employment businesses - content of terms with work-seekers
Terms that should be agreed with those looking to seek work.
Before starting to find work for work-seekers you must agree the terms that will apply with the work-seeker. These should include:
- a statement that the services provided will be those of an employment business
- the type of work you will find or seek to find for the work-seeker
- whether those work-seekers are or will be employed by you under a contract of service, or apprenticeship, or a contract for services, and the terms of employment that will apply
- an undertaking that you will pay the work-seeker for all work done by the work-seeker regardless of whether or not you are paid by the hirer
- the length of notice which the work-seeker will be required to give and entitled to receive from the employment business in respect of particular assignments with hirers
- either the rate of pay payable to the work-seeker, or the minimum rate of pay which you reasonably expect to achieve for the work-seeker
- details of the intervals at which remuneration will be paid (for example, weekly in arrears etc)
- the amount of holiday and details of payment for holiday that will be given - the majority of work-seekers will be covered by The Working Time (Amendment) Regulations (Northern Ireland) 2023 and, therefore, will be entitled to statutory holiday pay
Where the work-seeker is a limited company (and not opted out of the regulations) and where annual leave provisions would not apply, you must detail any period of absence that a limited company work-seeker may be entitled to and to be paid for.
If you and the work-seeker agree any changes to the terms, you must, as soon as reasonably practicable after the changes have been agreed, give the work-seeker a new document setting out details of the changes and stating the date that the varied terms take effect.
Developed withAlso on this siteContent category
Source URL
/content/employment-businesses-content-terms-work-seekers
Links
Employment businesses - content of terms with hiring companies
Terms and conditions that should be agreed with hirer the first time you provide a service to them.
Before providing a service to a hirer you must agree with the hirer the terms and conditions which apply or will apply between you and the hirer.
You should give them a statement that the services provided will be those of an employment business (ie supplying temporary workers).
Details of fees
You should also set out the details of any fees which may be payable to the agency or employment business by the hirer including:
- the amount of the fee or its method of calculation
- the circumstances, if any, in which refunds or rebates are payable to the hirer or, if none are payable, a statement to that effect
Procedure for unsatisfactory worker performance
Finally you should set out the procedure to be followed if you supply a work-seeker to a hirer who proves unsatisfactory. For example:
- how the hirer should notify you if a temporary worker supplied is not satisfactory - including the time limits for doing this
- what you will do as a consequence eg terminate the worker's assignment, seek to rectify the problem or supply an alternative work-seeker
You must ensure that all of the terms between you and the hirer are recorded and that a copy is provided to the hirer as soon as is practical. This will normally take the form of a set of business terms or a letter setting out all the terms agreed.
If you and the hirer agree any changes to the terms, you must, as soon as reasonably practical after the changes have been agreed, give the hirer a new document setting out details of the changes and stating the date that the varied terms take effect.
Developed withAlso on this siteContent category
Source URL
/content/employment-businesses-content-terms-hiring-companies
Links
Before placing a worker with a hirer
Information that should be obtained before you place a worker with a hirer.
As an employment agency or business, before placing a work-seeker with a hirer you must obtain sufficient information from the hirer about that position including:
- the identity of the hirer and, if applicable, the nature of the hirer's business
- the date on which the hirer requires a work-seeker to start work and the duration of the work
- the position the hirer is seeking to fill, including the type of work, location, working hours and any health and safety risks and controls
- the experience, training and qualifications which the hirer requires for the post or are necessary by law
- any expenses payable by or to the work-seeker
- (in the case of an agency) the minimum rate of remuneration, benefits, method of payment, and, where applicable, notice periods for termination of employment
If you operate as an employment business or you operate as an employment agency which is introducing workers where the worker will be working with vulnerable people you must:
- ensure a work-seeker has the experience, training, qualifications and any authorisation required by the hirer by law or by any professional body
- seek confirmation of the work-seeker's identity
For further information see employment agencies and employment businesses: record keeping.
Developed withAlso on this siteContent category
Source URL
/content/placing-worker-hirer
Links
Employment businesses - additional checks
Checks that should be taken by employment agencies or businesses when supplying work-seekers who work with or care for vulnerable people.
As an employment business, if you supply or introduce a work-seeker where professional qualifications are required you should obtain copies of any relevant qualifications and make them available to the hirer.
As an employment agency or employment business if you supply or introduce a work-seeker who is required to work with or care for vulnerable people you must obtain two references on the work-seeker and make them available to the hirer, as well as carrying out checks to make sure the work-seeker is suitable to work in the position.
Where you have tried to obtain copies of the relevant qualification or references but have been unable to do so you must inform the hirer that you have made reasonable attempts to obtain this information and explain what steps you have taken.
Developed withAlso on this siteContent category
Source URL
/content/employment-businesses-additional-checks
Links
Employment businesses - protection of the work-seeker and the hirer
Steps the employment agency or employment business must take to ensure both parties are aware of what is required of them.
As an employment agency or employment business you must not introduce or supply a work-seeker to a hirer unless you have taken reasonable steps to ensure that the work-seeker and the hirer are each aware of any requirements imposed by law, or by any professional body, in order for the work-seeker to take up the position.
You must also make enquiries to ensure that it would not be detrimental to the interests of the work-seeker or the hirer for the work-seeker to work for the hirer.
Where you operate as an employment business and you receive information that indicates that a work-seeker may be unsuitable for the position you must:
- inform the hirer of that information
- make further enquiries as to the suitability of the work-seeker and inform the hirer of these enquiries
Where the enquiries indicate that a work-seeker is unsuitable for the position, or information is received that indicates the work-seeker is not suitable, you must, without delay:
- inform the hirer of that information
- end the supply of that work-seeker to the hirer
Where you operate as an employment agency, and have introduced a work-seeker to a hirer, and you subsequently receive information within a period of three months from the date of introduction, which indicates that the work-seeker is or may be unsuitable for the position with the hirer you must inform the hirer of that information without delay.
Developed withAlso on this siteContent category
Source URL
/content/employment-businesses-protection-work-seeker-and-hirer
Links
When work-seekers must travel or live away from home
Employment agencies or businesses, work-seekers and providing travel or accommodation.
You must not arrange work for a work-seeker (except in situations where they are given a contract of employment by the hirer) if in order to take up that work the work-seeker must live away from home, unless you have taken all reasonable steps to ensure that:
- suitable accommodation will be available before the work-seeker starts work
- the work-seeker has been informed of details of the accommodation including any cost and the arrangements to travel to such accommodation
Where the work-seeker is not the employee of the hirer or the work-seeker is under 18 years of age, and free travel or payment is arranged for the work-seeker's journey to work, you must, if the work does not start or when it finishes either:
- arrange free travel for the return journey
- pay the work-seeker's return fare, or
- obtain an undertaking from the hirer that he/she will arrange free return travel or pay the return fare
You must set out these arrangements in writing for the work-seeker.
Where a hirer does not comply with its undertaking to arrange free return travel or pay the return fare, you must bear this cost for the work-seeker.
You must not introduce or supply a work-seeker who is under the age of 18 for a position if they are required to live away from home, unless you have obtained direct written consent from a parent or guardian.
If you issue a loan to a work-seeker to meet their travel or other expenses to take up a position, you cannot require the work-seeker to repay a sum greater than the sum loaned.
Au pairs
Where the work-seeker is an au pair you must not arrange employment for them if they are required to repay either you or the hirer for the fare between the au pair's home and place of work.
You can require that the au pair pays their own fare from their home to the place of employment but neither you nor the hirer can require that the cost of the fare comes out of the au pair's pay.
Developed withAlso on this siteContent category
Source URL
/content/when-work-seekers-must-travel-or-live-away-home
Links
Employment agencies providing additional services and goods
Rules and legal requirements for employment agencies that provide additional services or goods to jobseekers.
You are allowed to charge jobseekers for additional services eg CV writing or transport to jobs. However you are not allowed to charge individuals seeking work for work-finding services unless you are an employment agency in the entertainment sector - see entertainment and modelling agencies.
If you are providing additional services you or anyone connected with your business cannot make the provision of work-finding services conditional on jobseekers using any of these additional services.
Additional services provided by an employment agency
If you provide someone seeking work with more than one service, you must inform them:
- which services are the work-finding services for which you cannot charge them a fee
- which services are the additional services or goods that you can charge for and provide them with details of any such fee, ie the amount or method of calculation of the fee, who the fee will be payable to, a description of what the fee relates to, and the circumstances (if any) in which refunds or rebates are payable to jobseeker
Before providing additional services you must give the jobseeker details of:
- their right to cancel the services at any time, without detriment or penalty
- the amount of notice required if the work-seeker wishes to cancel - ie five working days or ten working days for the provision of living accommodation
If there is a change to the fees for the services offered or the goods provided, you should give the jobseeker further notice detailing the changes.
If you offer any gift or make an offer of any benefit to a jobseeker, for example to entice them to use your services, you must make clear the terms and conditions on which the gift or benefit is offered.
Developed withAlso on this siteContent category
Source URL
/content/employment-agencies-providing-additional-services-and-goods
Links
Paying work-seekers
The payment guidelines you must follow when operating as an employment agency or employment business.
If you operate as an employment agency and introduce a work-seeker to a hirer for employment by the hirer you cannot be responsible for paying the work-seeker remuneration arising from the work-seeker's employment with the hirer.
Separate rules apply to entertainment and modelling agencies. For further information see entertainment and modelling agencies.
If you are an employment business supplying temporary work-seekers you are responsible for paying the work-seekers. You must pay a temporary work-seeker for all the hours they work.
Even if you have not been paid by the hiring company or the work-seeker has not supplied you with a time sheet authorised or signed by the hirer verifying the hours worked by that work-seeker, you must still pay the work-seeker for the hours they have worked.
Developed withAlso on this siteContent category
Source URL
/content/paying-work-seekers
Links
Charging transfer fees to hiring companies
Employment agencies and businesses and using transfer fees fairly.
As an employment business you cannot use transfer fees unreasonably as a means of discouraging or deterring hirers from:
- offering permanent work to temporary workers
- having workers supplied through a different employment business
- introducing workers to a third party to be employed by that party
You can charge transfer fees to hirers to protect your legitimate business interests, in three situations:
- Temp-to-perm fees - when you have supplied a temporary worker who is then taken on directly by the hiring company.
- Temp-to-temp fees - if the hiring company changes agency but wants to keep on a temporary worker you supplied, meaning that the worker has to change agency.
- Temp-to-third-party fees - if the hiring company introduces a temporary worker you supplied to another person that goes on to employ them.
It is unlawful for you to seek to charge a transfer fee (following the supply of a worker) in any other situation. A hirer is entitled to recover any money they have paid for unlawful transfer fees.
Temp-to-perm and temp-to-temp fees
You can charge a transfer fee in temp-to-perm and temp-to-temp situations provided the hirer is given the option to have the worker supplied by you for a specified period of hire, at the end of which the worker will transfer without charge instead of paying the transfer fee.
Where the hirer has opted for a specified period of hire, you must supply the worker for the entirety of that period (unless you are prevented from so doing in circumstances that are not your fault). The supply terms cannot be less favourable to the hirer than those which applied prior to the hirer opting for the specified hire period. In order for a transfer fee to be payable, the transfer of the work-seeker must take place within the 'relevant period'.
The 'relevant period' is whichever of the following periods ends later:
- 14 weeks beginning from the first day on which the worker worked for the hirer having been supplied by the employment business
- eight weeks starting from the day after the day on which the worker last worked for the hirer having been supplied by the employment business
Where there has been more than one assignment care must be taken in calculating the correct start date for the 14-week period. If there was a break of more than 42 days (six weeks) between assignments this will break continuity and the later assignment will be taken as the first assignment. Where there has been a break of 42 days or less this will not trigger the start of a new 14-week period.
Temp-to-third party fees
If you supplied a worker who your client introduced to a third party you can charge a transfer fee following the same principles as a temp-to-perm or temp-to-temp fee - but you do not have to offer the client a choice between the transfer fee and an extended period of hire.
Situations where you introduce but do not supply a temporary worker
If you introduce a worker rather than supply them you can charge a fee - often called an introduction fee.
The fee should follow the same principles as the temp-to-perm and temp-to-temp fees but there is no limit on the period during which such a transfer must occur. The hirer must be given the option to have the worker supplied by you for a specified period of hire, at the end of which the worker will transfer without charge instead of paying the transfer fee. There is no limit on the agreed specified period of hire or the level of the transfer fee.
Developed withAlso on this siteContent category
Source URL
/content/charging-transfer-fees-hiring-companies
Links