EMPLOYMENT
AGENCY STANDARDS
FREQUENTLY
ASKED QUESTIONS — AGENCIES
The questions and answers that follow are some of the ones we are
asked most often. If the answers you want are not here, please phone our enquiry
line on 0845 955 5105 or email us at eas@dti.gsi.gov.uk.
Do I need
a licence to run an employment agency?
No. Agencies must
comply with the Employment Agencies Act 1973 and regulations but there is no
requirement to be licensed. The EAA73 still refers to licensing but this was
abolished in 1995. However, Nursing and Care agencies must be licensed by the
National Care Standards Commission.
What does
the current employment agency legislation consist of?
The two main pieces of legislation are The Employment Agencies Act 1973 (ISBN
0118037099) and
The Conduct of Employment Agencies and Employment Businesses Regulations,
SI 715/1976 (ISBN 0110607155). The conduct regulations are being revised at the
moment see the proposed regulations for further
details.
Can you
send me copies of the legislation?
No. Like most legislation it is available for purchase from The
Stationery Office.
Can you
help me set up an agency?
No. We can only provide advice on Employment Agency legislation. If you need
help in starting a business, see DTI
for Business.
Can I
operate an agency from home?
There is nothing in the Employment Agencies Act 1973 to prevent you doing so,
but you should check with your local authority.
Do I need
to form a company to run an agency?
No. There is no
requirement for you to form a company. If you decide to form a company, you can
find out more information from Companies
House.
Can a
British agency operate in other countries?
It depends on the
law of the country concerned. You should check with the Labour Attaché of the
appropriate country's embassy in London.
I want to
charge workers a fee for finding them a job, am I allowed to do this?
A fundamental principle of the Employment Agencies Act is that workers may not
be charged for work finding services. The exceptions to this are the
entertainment and modelling sectors. Please phone the enquiry line if you
have a query relating to this area.
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