Policy News Journal - 2016-17

The Chartered Institute of Payroll Professionals ……………………………………………………………Policy News Journal

Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2016 10 May 2016

On 8 May 2016 amendments to the Conduct Regulations came into force which reduce certain regulatory burdens on employment agencies and employment businesses.

The Statutory Instrument ( The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2016 ) amends the Conduct Regulations 2003’ to reduce certain regulatory burdens on employment agencies and employment businesses by omitting some of the regulations while continuing to protect work- seekers.

Regulation 27A is also amended to bring generic recruitment advertising, as well as advertising to fill specific posts, within the prohibition there related to advertising elsewhere in the EEA.

The recruitment sector is regulated by the Employment Agencies Act 1973 and the Conduct Regulations 2003. The sector has two legally defined types of service:

 employment agencies which introduce people to be employed by the hirer directly;  and employment businesses which employ or engage people to work under the supervision of another person. The legislation covers all employment agencies and employment businesses in England, Scotland and Wales and provides a framework for contracts between employment agencies/employment businesses, hirers and work- seekers. It also covers principles such as restrictions on fee-charging and ensuring that temporary workers are paid for the work they have done.

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Non-compete clauses: call for evidence 1 June 2016

The government previously announced plans to investigate non-compete clauses which can be written into employment contracts and can prevent individuals from competing against their former employer or working for a competitor for a set period of time. A call for evidence has now been published.

The Non-compete clause: call for evidence is seeking views on whether non-compete clauses stifle entrepreneurship and innovation by preventing people from:

   

moving between employers developing innovative ideas

creating a start-up growing a business.

The Department for Business, Innovation & Skills (BIS) would like to hear your views, experience, and evidence of non-compete clauses so that they can understand:

 

when and why they are used

their prevalence

 the benefits or disadvantages associated with them.

This call for evidence will run until 19 July 2016.

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