Are you prepared for an Employment Agency Standards (EAS) inspection?
EAS enforces the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (‘the Regulations’) and is conducting an increased level of inspection, both on a routine basis and in respect of complaints, and routine checks. What does an inspection involve and if inspected, would your business comply with key elements of the Regulations?
Businesses can be selected for inspection for several reasons. This can be sector-specific, based on geographical location, following a complaint, or simply random. The most common issues causing complaints and raised on inspection include withholding payments from workers, imposing restrictions on agency workers taking up other work, and the quality and content of information obtained from hirers. Key Information Documents (KIDs) have become a particular problem area, where they are either not issued at all or are not compliant. Transfer fees are also an issue, and if the contractual terms do not comply with the Regulations, they may not be enforceable.
As complaints and inspections are on the rise and EAS is expanding its enforcement teams, it may be a good time to review your compliance.
EAS will be attending the Lawspeed seminar to talk about inspections and compliance and to answer your questions. Join us on Wednesday 28th February at 1 pm at BMA House, London. We will also be covering the new holiday pay rules, which have come into effect this year.
You can book your place now.
Theresa Mimnagh, Director LLB qualified as a solicitor* in February 2004 and previously worked in private practice as an employment lawyer. She joined Lawspeed in 2005 and leads Lawspeed’s client support and audit team.
Her specialisations are in employment law, recruitment law, employment status, IR35 and agency tax, data protection (GDPR), and employment contracts and policies. She leads our team of IR35 lawyers and is responsible for updating our contracts under our contract maintenance scheme. She also heads the employment law team and excels in supporting clients in employment related disputes.
Theresa also is our lead in training on key areas relevant to employment business, including IR35 and recruitment process, and was responsible for delivery of our 2019 programme of IR35 masterclasses and 2023 webinar series.
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