New Right to Work checks do not apply to many agencies

by Susie Hughes at 07:55 30/09/14 (News on Business)

There is a 'gaping hole' in the Government's new 'Right to Work' checks which should identify people genuinely entitled to work here from those that may not be, according to a firm of recruitment law specialists.

Earlier this year, the Government issued a raft of guidance notes and codes on the steps that need to be taken by all employers, including the requirement for face to face checks of potential employees. Advertisement However, according to Lawspeed, there is and always has been a gaping hole in this policy. They say that the clue is in the word 'employer', so the obligation does not apply to anyone who is not an 'employer'. They continue that hirers are not employers if they engage workers who are not employees. There are no rules for these hirers at all. Recruitment businesses which engage temporary agency workers are also not employers if the engagement contracts they use are not employment contracts. Since the latter model is typical in the UK recruitment industry it would seem that the right to work checks do not apply to those recruitment agencies. Having said that, it should be noted that UK recruitment businesses that supply temps have to check the identity of the workers and any authorisation that the hirer considers necessary or is required by law, before the worker is supplied. This regime, included in agency regulations, fortunately does not require face to face meetings. This remains a source of relief for agencies that engage workers who live far and wide, since face to face meetings are simply not practical in those circumstances. Theresa Mimnagh of Lawspeed said: “The conclusion is that there is a lack of consistency in right to work checks dependent on the type of contract used, which some less scrupulous businesses may take advantage of. Best practice for recruiters would be to carry out the checks in any event.” Tweet -- If you wish to comment on this article, please log in and use the Reply button below. Registering is free and easy - see 'Join Shout99'. - Susie Hughes © Shout99 2014

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