At ASCOR we have compiled a list of Compliance steps that should be undertaken by a labour provider in your organisation’s supply chain in order for it to remain law-abiding.
This is the minimum information that should be obtained and kept to show compliance with the relevant legislation.
Definitions:
Hirer = the organisation which seeks someone to fill a role
Work-seeker = someone who has the necessary skills, training and qualifications and is willing to work for the hirer
Please note that this information is anticipated to be a guide for all parties to understand what is expected with regards to compliance with the law (notably The Conduct of Employment Agencies and Employment Businesses Regulations 2003), nonetheless it is not sound legal advice and should not be taken as such.
Employment Business – those supplying temporary workforce
Information it should obtain from the hirer:
Information it should obtain from the work-seeker:
Additional information it should obtain from the work-seeker who will work in a role involving vulnerable people or that requires a professional registration:
Employment Agency – those supplying permanent workforce
Information it should obtain from the hirer:
Information it should obtain from the work-seeker:
Additional information it should obtain from a work-seeker who will be working in a role involving vulnerable people or that requires professional registration:
This is the minimum information that should be obtained and kept to show compliance with the relevant legislation.
Definitions:
Hirer = the organisation which seeks someone to fill a role
Work-seeker = someone who has the necessary skills, training and qualifications and is willing to work for the hirer
Please note that this information is anticipated to be a guide for all parties to understand what is expected with regards to compliance with the law (notably The Conduct of Employment Agencies and Employment Businesses Regulations 2003), nonetheless it is not sound legal advice and should not be taken as such.
Employment Business – those supplying temporary workforce
Information it should obtain from the hirer:
- Complete an identity check on the hirer
- Obtain the date on which the hirer requires the work-seeker to start
- Details from the hirer on the position to be filled, including experience, skills and qualifications deemed necessary for the role
- Details of expenses payable to the work-seeker
- AWR information
- Any relevant Health & Safety information that could impact the work-seeker
Information it should obtain from the work-seeker:
- Agreement to work-finding services from the work-seeker
- Right to Work document check
- Identity document check
- Ask about Unspent Criminal Convictions
- Qualification check (if applicable)
- Details of the work-seeker’s work history, experience, skills and qualifications
- Inform hirer if any negative information regarding the work-seeker is obtained
Additional information it should obtain from the work-seeker who will work in a role involving vulnerable people or that requires a professional registration:
- Minimum of 2 references
- Relevant level of DBS check (please see guidance here)
- Overseas police check (if applicable)
- Professional registration check (if applicable)
- Fit to work certificate (if applicable)
Employment Agency – those supplying permanent workforce
Information it should obtain from the hirer:
- Complete an identity check on the hirer
- Obtain the date on which the hirer requires the work-seeker to start
- Details from the hirer on the position to be filled, including experience, skills and qualifications deemed necessary for the role
- Details of expenses payable to the work-seeker
- The minimum rate of remuneration that the work-seeker can expect
- The length of notice that the hirer would expect from the work-seeker to terminate employment with them
- Any relevant Health & Safety information that could impact the work-seeker
Information it should obtain from the work-seeker:
- Right to Work document check
- Identity document check
- Ask about Unspent Criminal Convictions
- Qualification check (if applicable)
- Details of the work-seeker’s work history, experience, skills and qualifications
Additional information it should obtain from a work-seeker who will be working in a role involving vulnerable people or that requires professional registration:
- Minimum of 2 references
- Relevant level of DBS check (please see guidance here)
- Overseas police check (if applicable)
- Professional registration check (if applicable)
- Fit to work certificate (if applicable)