Employment Regulations

The recruitment sector is highly regulated in the UK both directly and indirectly through legislation that clients must abide by.

Direct.

In 2004 the Gangmaster Licensing Act came into force as a reaction to the death of 50 Chinese cockle pickers on Southport beach; however this legislation only covers Agricultural, Horticultural and Food Processing. Agencies active in these areas whether in the UK or Internationally, require an operating license and need to adhere to certain practices.  For further information visit www.gla.gov.uk  here you will be able to check which companies hold a license. You will notice the GLA expect businesses that use Gangmasters, who source labour, to make quarterly checks.

During the assessment process the GLA check to ensure licence holders are compliant and up to date on corporate affairs such as tax and VAT as these are important safeguards. Potential users should always satisfy themselves as to the suitability of any counter party and as a minimum should ensure that the terms and conditions are fully understood.

Any reputable agency will volunteer this documentation early on in discussions as this will be the bedrock of the contract that will come into force between the parties.

Indirect.

ERA Employers and Employees need to be aware of, or abide by, a wide range of legislation and the following is not an exhaustive list but highlights the legislation that has to be considered:-

  • Health and Safety at Work Act 1974.
  • Management of Health and Safety at Work Regulations 1999.
  • Workplace, (Health, Safety and Welfare) Regulations 1992.
  • Health and Safety (Display Screen Equipment) Regulations 1992.
  • Personal Protective Equipment at Work Regulations 1992.
  • Provision and Use of Work Equipment Regulations 1998.
  • Manual Handling Operations Regulations 1992.
  • Health and Safety (First Aid) Regulations 1981.
  • The Health and Safety Information for Employees Regulations 1989.
  • Employers’ Liability (Compulsory Insurance) Act 1969.
  • Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR).
  • Noise at Work Regulations 1989.
  • Electricity at Work Regulations 1989.
  • Control of Substances Hazardous to Health Regulations 2002 (COSHH).
  • Construction (Design and Management) Regulations 1994.
  • Gas Safety (Installation and Use) Regulations 1994.
  • Control of Major Accident Hazards Regulations 1999.
  • Dangerous Substances and Explosive Atmospheres Regulations 2002.

In negotiation with clients ERA will identify the key legislation that is applicable and highlight responsibilities as they apply to employees. However, under ERA’s terms and conditions, responsibility for training and adherence within the work place is the client’s responsibility. Should a client be found to have inadequate insurance and in the unlikely event of any claim arising, ERA carries default insurance cover.