Employment Agencies Act 1973
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The Employment Agencies Act 1973 (c.35) is a
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
Act of Parliament and part of a wider body of
UK agency worker law United Kingdom agency worker law refers to the law which regulates people's work through employment agencies in the United Kingdom. Though statistics are disputed, there are currently between half a million and one and a half million agency wor ...
. It regulates the conduct of
employment agencies An employment agency is an organization which matches employers to employees. In developed countries, there are multiple private businesses which act as employment agencies and a publicly-funded employment agency. Public employment agencies One ...
which recruit and manage temporary and permanent labour. It applies to approximately 17,000 employment agencies operating in the UK. It was introduced by a private member's bill by
Kenneth Lewis Sir Kenneth Lewis (1 July 1916 – 2 July 1997) was a Conservative Party politician in the United Kingdom. He was Member of Parliament of the United Kingdom for Rutland and Stamford from 1959 to 1983, and following boundary changes for Stamfo ...
, member of parliament for Rutland and Stamford.


History


Introduction

In its original form, the Act provided for a system of licensing. Each business which wanted to set up an employment agency was required to have a license which would be denied or revoked if set standards (e.g. no registration fees for workers; no advertising of non-existent jobs) were not followed. The Act came at the same time as similar reforms around Europe, for instance, the German ''Arbeitnehmerüberlassungsgesetz'' (Employee Hiring Law of 1972). Regulations prescribing further detailed rules were implemented in 1976.


Amendments

In 1994, the Conservative government, in its
deregulation Deregulation is the process of removing or reducing state regulations, typically in the economic sphere. It is the repeal of governmental regulation of the economy. It became common in advanced industrial economies in the 1970s and 1980s, as a ...
drive, abolished the system of licenses with the Deregulation and Contracting Out Act 1994. Instead, enforcement of regulations would rely on the
Employment Agency Standards Inspectorate The Employment Agency Standards Inspectorate is a division of the Employment Relations Directorate, part of the Department for Business, Enterprise and Regulatory Reform, which is meant to oversee employment agencies operating in the United Kingd ...
. In 1999 the
Employment Relations Act 1999 The Employment Relations Act 1999c 26 is an Act of Parliament of the United Kingdom. It made significant amendments in UK labour law to the Trade Union and Labour Relations (Consolidation) Act 1992. Provisions Trade unions Sections 1 to 6 concer ...
s.31 with Sch. 7 empowering the Secretary of State to make further regulations affecting agencies and their workers. In 2003 new regulations were introduced, replacing those from 1976. The Conduct of Employment Agencies and Employment Businesses Regulations 2003see DBERR'
guidance
on the Regulations]
prohibit the charging of fees, except in a small number of mostly arts related professions (e.g. modelling). The additions made in 2003 were few, primarily relating to confidentiality of information and candidate qualification checks.


See also

*
UK labour law United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ...
*
UK agency worker law United Kingdom agency worker law refers to the law which regulates people's work through employment agencies in the United Kingdom. Though statistics are disputed, there are currently between half a million and one and a half million agency wor ...
*
Gangmasters (Licensing) Act 2004 The Gangmasters (Licensing) Act 2004 (c 11) is an Act of the Parliament of the United Kingdom that regulates the agencies that place vulnerable workers in agricultural work, and the shellfish collecting and packing industries (s.3). It is the ...
*
Temporary and Agency Workers (Equal Treatment) Bill The Agency Workers Regulations 2010SI 2010/93 are a statutory instrument forming part of United Kingdom labour law. They aim to combat discrimination against people who work for employment agencies, by stating that agency workers should be no les ...
;Historical *
Robert Owen Robert Owen (; 14 May 1771 – 17 November 1858) was a Welsh textile manufacturer, philanthropist and social reformer, and a founder of utopian socialism and the cooperative movement. He strove to improve factory working conditions, promoted e ...
* Labour Bureau (London) Act 1902 *
Labour Exchanges Act 1909 The Labour Exchanges Act 1909 was an Act of Parliament which saw the state-funded creation of labour exchanges, also known as employment exchanges. The stated purpose was to help the unemployed find employment. Prior to the creation of these gov ...
* '' Adams v. Tanner'', 244 US 590 (1917), a
US Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of ...
case where a conservative bench, with liberal judges dissenting, decided that a Washington state law prohibiting employment agencies was "
unconstitutional Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...
". *
Unemployment Convention, 1919 Unemployment Convention, 1919 is an International Labour Organization The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. F ...
, after the ILO's first Recommendation, this called for public employment agencies to be established with a monopoly *
Fee-Charging Employment Agencies Convention, 1933 (shelved) Fee-Charging Employment Agencies Convention, 1933 (shelved) is an International Labour Organization Convention. It was established in 1933: Having decided upon the adoption of certain proposals with regard to fee-charging employment agencies,. ...
*
Fee-Charging Employment Agencies Convention (Revised), 1949 Fee-Charging Employment Agencies Convention (Revised), 1949 is an International Labour Organization The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting in ...
*
Private Employment Agencies Convention, 1997 Private Employment Agencies Convention, 1997 is an International Labour Organization Convention. It was established in 1997, with the preamble stating: Recalling the provisions of the Forced Labour Convention, 1930, the Freedom of Association ...
(n.b. the UK never signed up to any of these ILO conventions)


Notes


External links

* Directgov site o
"what is an agency worker?"
*
DBERR The Department for Business, Enterprise and Regulatory Reform (BERR) was a United Kingdom government department. The department was created on 28 June 2007 on the disbanding of the Department of Trade and Industry (DTI), and was itself disbanded ...
'
website
for the Employment Agency Standards Inspectorate * Employment Agency Standards Inspectorat
guidance
{{UK labour statutes United Kingdom Acts of Parliament 1973 Temporary employment agencies United Kingdom labour law Employment agencies of the United Kingdom