Amendments to employment agency legislation in Northern Ireland - 1 December 2010
Summary of changes to employment agency legislation from 1 December 2010
On 1 December 2010, changes to employment agency legislation will come into operation in Northern Ireland.
Upfront fees charged by entertainment and modelling agencies
In 2008, a 7 day cooling off period was introduced for agencies in the entertainment and modelling sectors that were permitted to charge work-seekers upfront fees. During this period, work-seekers could cancel or withdraw from any contract to include their details in a publication, without detriment or penalty.
In 2010, the cooling off periods were amended to further protect the more vulnerable workers in these sectors. The new legislation, coming into operation on 1 December 2010, will:
- ban agencies from charging work-seekers an upfront fee if they are seeking employment as a photographic or fashion model;
- increase the cooling off period to 30 days if work-seekers are seeking employment as actor, background artist, extra, musician, singer, dancer or other performer. An agency must also now inform work-seekers of their right to cancel, provide them with a draft of their information for use in a publication, and include provision for a refund if no publication is produced or circulated within 60 days; and
The 7 day cooling off period will remain for work-seekers who are involved in those occupations related to behind-the-scenes work such as production staff, camera operator etc.
In addition, if an agency offers to provide a work-seeker with photographic or audio visual services, as an additional service, they will be entitled to a 30 day cooling off period.
Suitability checks for permanent recruitment
From 1 December 2010, agencies supplying permanent work-seekers will no longer be required to carry out checks into a work-seeker's suitability for employment. This is because the person or company hiring work-seeker is already required to carry out these checks. However, if a work-seeker wants to work with children or vulnerable adults, employment agencies will still be required to carry out checks into their suitability for employment including checking their identity, experience, training, qualifications and any authorisations which the hirer considers necessary or which are required by law.
Requirement to agree terms with work-seekers
From 1 December 2010, the requirement for employment agencies to obtain agreement to terms with the work-seeker is to be removed except in respect of work-seekers in the modelling and entertainment sectors, where terms are still required for their protection.
Advertisements
Employment agency legislation requires that every advertisement for a job must include the employment agency or employment business name, and a statement as to whether it is acting as an employment agency or employment business. As most people are not familiar with these terms, from 1 December 2010, advertisements will refer only to positions being either ‘temporary’ or ‘permanent’.
Legislation - www.legislation.gov.uk/nisr/2010/360/made
Explanatory Memorandum - www.legislation.gov.uk/nisr/2010/360/notes/contents?type=em
