Employment Law Changes April 2020

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Companies across the UK are still coming to terms with Covid-19 and this has unsurprisingly had an impact on regular hiring practices.

However, updated legislation had previously been passed by Government relating to employment and these came into force on April 6th. Whilst companies will clearly have minds on other more pressing issues at this time, preparing and reviewing your policies and procedures will carry greater significance when UK businesses are back to full strength.

Many of the changes relate to the Good Work Plan, published at the tail end of 2018, whereby the Government committed to implement the majority of recommendations from the Taylor Review to create a ‘fair and decent’ work for all.

Pertemps already comply with the relevant legislation and where appropriate have updated our procedures. We’ve produced this document to give you an overview of the some of the key changes that have come into force to assure you of how Pertemps continues to ensure we remain up-to-date and compliant in providing our services to our clients and candidates. Pertemps representatives are available to discuss any of these changes in greater detail with you when you next work with us on temporary or permanent vacancies.

The main pre-employment steps that have to be taken are set out in the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (‘the Conduct Regulations’).

REGULATIONS 14 & 15

Introduction of a Key Information Document. When supplying temporary workers, Pertemps must agree terms with the candidate before providing any of our recruitment services. In one document, we will state to the candidate how we will be working as an employment business and specify the type of work we will find them.

REGULATION 18

We must now obtain sufficient information from the client about your identity, the duration of the assignment or permanent role, the position and its location and hours, any known risks to health and safety and the steps taken to control them, qualifications/authorisations required and expenses payable by or to candidates.

If placing a candidate in a permanent role, your business will have to check the minimum rate of pay and other benefits offered, intervals of pay and any notice that the candidate is required to give or entitled to receive to terminate employment with your company.

REGULATION 19

If supplying temporary workers, we must:

• Check the identity of the individual (this isn’t the same as a right to work check)
• Ensure the individual has the experience, training, qualifications and authorisations that the client considers necessary or which are required by law
• Obtain confirmation that the candidate is willing to work in the particular role, in writing.

REGULATION 20

Pertemps will take reasonable steps to ensure that your company and the candidate are aware of any legal or professional requirements to enable the individual to work in the role and make enquiries to ensure that it won’t be detrimental to your business, nor the individual for the individual to work in the role.

When supplying temporary workers, we will have an ongoing duty to monitor an individual’s suitability for the role. If we become aware that the individual is no longer suitable, Pertemps will inform you that day or the day after and end the supply. If we get information that makes us question the individual’s suitability, we will endeavour to tell you that day or the day after and make further enquiries.

When placing permanent employees, Pertemps have an obligation to tell the client of any information that may make the candidate unsuitable. This obligation only applies for up to three months from the date of introduction.

REGULATION 21

When supplying temporary workers, Pertemps will provide certain information (sometimes known as an Assignment Details Form) to both the client and the worker at the time the position is confirmed.

REGULATION 22

When supplying a temporary or permanent worker in a role for which they will be working with vulnerable people, Pertemps will take extra steps to:

• Obtain copies of the candidate’s qualifications and authorisations including DBS checks, teaching certificates etc and provide these to the client
• Obtain two references from non-relatives and provide these to the client
• Ensure all other practicable steps to confirm suitability, for example, check the individual has full employment history, other legal requirements such as membership of professional body etc

Outside of the Conduct Regulations, there are several pre-employment checks that Pertemps will conduct where appropriate to the job role and industry sector.

Examples of these are set out below:

• Right to work checks (standard policy for all applicants engaged prior to employment)
• DBS checks
• Security clearance checks

NEW NATIONAL MINIMUM WAGE AND NATIONAL LIVING WAGE

From April 1st, the new rates will be as follows: