EAA Regulations
The Employment Agency Act
In brief, the EAA Regulations mean:
For Candidates and Contractors
Any person registering with an employment agency must provide proof of identification with a copy of a form of photo ID, and must also provide copies of any qualifications which are required for the role. The employment agency must have these documents before they can put someone forward for a role, whether this is permanent or contract.For Limited Company Contractors
The EAA regulations were in part introduced to ensure a greater level of protection for contractors, but a greater level of legislative protection does mean that, under the IR35 rules, the EAA regulations could have an impact on the tax advantages of the limited company contractor. All contractors do have the chance to opt out on the protection of the regulations, and must sign to their consent for this.
For Employers
Employment agencies are now obliged to check health and safety risks on behalf of candidates and contractors, and will request this information from employers.The full text of the regulations can be found online at:
http://www.legislation.hmso.gov.uk/si/si2003/20033319.htm The DTI have also published a guidance document which can be found at: http://www.berr.gov.uk/employment/employment-agencies/know-your-rights/page26998.htmlS8 Asylum and Immigration Act
The latest regulations pertaining to the S8 Asylum and Immigration Act also create further obligations for employers in that they must also check proof of identification for all employees. All ARM candidates and contractors will be reminded to take an original photo ID to their interview in preparation for these checks, together with any visas where appropriate, and the employer must examine and take a copy of this identification, and keep this information on file. For more information, click here for a leaflet from the Home Office with guidance on this issue.
