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- Nick Elvin
A ban on employment agencies and employment businesses advertising jobs exclusively in other European Economic Area (EEA) countries is likely to come into force by the end of the year, the Government has announced.
The regulation, which is subject to parliamentary approval, would require job adverts to be placed in English in Great Britain either for 28 days before being placed in an EEA country or at the same time as the EEA advertisement.
The Employment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Businesses Regulations 2003 do not currently regulate where, or in which language, job vacancies are advertised.
The Government has therefore proposed to amend the 2003 Regulations because it was concerned some employment agencies and employment businesses may have been advertising British-based vacancies in other EEA countries without giving workers in Great Britain the opportunity to apply.
The announcement follows a consultation by the Department for Business Innovation & Skills that attracted views from business representatives, employment agencies, employment businesses, trade unions, legal bodies, central government and individuals.
Adrian Marlowe, chairman of the Association of Recruitment Consultancies (ARC), welcomed the proposed regulation.
“Once the regulation is in force UK workers will be able to view jobs that are offered abroad, even if end user hirers tell the agency that they only want to hire foreign workers,” he said. “Other sanctions already exist under the Equality Act if foreign workers are given preference over local workers.
“As a result this new provision addresses an unhelpful perception about the recruitment industry and will enable it to demonstrate that it is not adding fuel to the fire over why some UK jobs are going to foreign workers.”
The regulations include a defence to not placing an advertisement in Great Britain if the agency reasonably believes no-one locally would apply.
Ravi Murphy, director and head of client relations at recruitment law specialist Lawspeed, said the requirements were “not particularly specific or onerous, and it would seem that any advert in Great Britain in English for the job would suffice so long as it is run for 28 days before or at the same time as the advertisement abroad”.
He added: “The lack of specific requirements coupled with the defence would potentially render this proposed regulation a cosmetic rather than a real exercise but nevertheless, agencies should take note that failure to comply could result in an investigation and sanctions under the Employment Agencies Act.
“Furthermore it could possibly create negative press, given the current climate in which immigration and local jobs for local workers appears high on the political agenda.”
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