Recruitment Sector: Regulation, Compliance & Contracts
Whether the business operates as an employment business (Temp/Contractor recruitment) or an employment agency (Perm recruitment), we are highly experienced in this sector.
In relation to those operating as employment businesses, our expertise extends to complex labour supply chains which can include umbrella companies, limited company contractors and other employment intermediaries as well as consideration of IR35 and other “off-payroll” implications with such engagements and supply of contractors.
With a depth of knowledge of the regulatory aspects governing the services of recruitment sector, our work in this area includes:
- Advising on regulatory requirements of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the Conduct Regulations)
- Advising on the rights of PAYE agency workers, including pursuant to the Agency Workers Regulations 2010
- Drafting contractual arrangements with end-user clients ensuring that the requirements of the Conduct Regulations are met, including:
- Terms of Business for the introduction of permanent or fixed term employees to be directly engaged by the client
- Terms of Business for the supply of PAYE agency workers
- Terms of Business for the supply of Limited Company Contractors
- Drafting Terms of Engagement with PAYE agency workers, limited company contractors and umbrella companies ensuring that the requirements of the Conduct Regulations are met, including the requirement for Key Information Documents
- Drafting employment contracts and commission schemes for recruitment consultants, to include appropriate protections for the clients, candidates, temporary workers and contractors of the business and its database.
