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Stuart Gentle Publisher at Onrec

Are job boards and online recruiters covered by 2003 employment agencies legislation

Opinion article - Michael Organe, Project Search .com

A recent letter from Patricia Hewitt, Minister for the DTI, states that job boards and other on-line recruiters are currently covered by the 2003 employment agencies legislation and subject to inspection by the Employment Agency Standards Inspectorate. The Government will respond to a case for exemption for on-line recruiters by the summer.

Section 23 of the Regulations states: 23. - (1) Neither an agency nor an employment business (A) may enter into any contract or arrangement with another agency or employment business (B) with a view to B providing or facilitating the provision to a work-seeker or a hirer of any services of an agency or an employment business unless A has made enquiries to ascertain that B is suitable to act as an agency or employment business and received satisfactory answers to those enquiries;

As job boards and on-line recruiters are classed as employment agencies until the government has reached a decision, other agencies and employment businesses wishing to use their services have to ensure that they are suitable. Since job boards and on-line recruiters almost certainly cannot comply with all the Regulations as they stand, they are presumably not suitable and we therefore cannot work with them after April 6 th without breaching the Regulations ourselves. This will either disrupt the work of most employment agencies or result in widespread illegal working in the industry.

Another example of government by unforeseen consequences I think!