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Definition of an employment agency

An employment agency finds work for work-seekers who are then employed and paid by employers. This is often referred to as 'permanent employment' as once the worker has been recruited they become an employee of the business they are working for.

Definition of an employment business

An employment business employs or engages a work-seeker who then works under the supervision of another person. This is known as 'temporary agency work' or 'temping'. The workers under these arrangements are usually paid by the employment business rather than by the hirer (company) they are supplied to.

If your business engages in both activities then it is both an employment agency and an employment business.

The term employment agency is commonly used interchangeably for employment agency and employment business but the correct usage of the terminology is set out as above.

Exemptions to the legislation

The legislation does not apply to a number of specific organisations and services, including:

• university appointment boards or services and certain other educational institutions
• trade unions, employers' organisations, and certain professional members bodies
• certain services provided exclusively for ex-members of HM forces or for persons released from prisons and other institutions

If you publish a newspaper or other publication wholly or mainly for the purpose of providing work-finding services then it is likely that you would be acting as an employment agency or business. However, if job advertisements only account for a small proportion of a wider publication then it is unlikely that this would apply to you.

Work-seekers working through an employment agency or employment business may be employees or workers as defined in employment legislation.

If so they will be entitled to employment rights such as to be paid at least the national minimum wage and rights to rest breaks and paid leave. Read more on employment status.

Treating work-seekers fairly

There are protections in place and set out in the employment agency legislation to ensure that work-seekers are treated fairly.

The obligations, in general terms, are that you must make sure that you follow the law when:

• keeping records about the work-seekers and hiring companies
• charging any fees to work-seekers or hirers
• issuing terms and conditions to work-seekers and hiring companies
• advertising jobs and placing workers with hiring companies

What you cannot do

As an employment agency or employment business you cannot:

• charge a fee to a work-seeker for work finding services (different rules apply if you are running an employment agency or business to find work in the entertainment or modelling sectors - for more information see entertainment and modelling agencies
• stop a work-seeker from working elsewhere, from terminating their contract with you, or require them to tell you the identity of any future employer
• (employment businesses only) withhold payments or wages due to work-seekers for work they have carried out
• (employment businesses only) supply a temporary work-seeker to replace an individual taking part in industrial action

There is no legal requirement to form a limited company in order to trade as an employment agency or employment business.

There are several different options to choose from when starting a business, such as sole trader, partnership, and limited liability company. Your choice will depend on your personal circumstances.

Running the business from home

There is no reason why your business should not be run from your home providing that you comply with the relevant rules and regulations. In some instances working from home can affect your mortgage, your home insurance, and rates, among other things. There are also health and safety issues to be aware of.

Read more on how to use your home as a workplace.

Operating in another country

Not all UK agencies can operate in other countries - it depends on the law of the country concerned. Check with the appropriate country's embassy. .

Help when setting up an agency or business

The Recruitment and Employment Confederation (REC) is the main trade body for the recruitment industry. Members of REC can access its business start-up services when setting up. This gives access to resources such as training and mentor 91香蕉黄色视频.

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The majority of employment agencies do not need a licence, but there are some areas of work where a licence is or may be required.

Agencies covered by GLAA licensing rules

If you supply labour or use workers to provide services in one of the following sectors you may need to be licensed by the Gangmasters & Labour Abuse Authority (GLAA):

• agriculture
• horticulture
• shellfish gathering
• food processing and packaging

The GLAA regulates the supply of labour into these sectors.

You can apply for, or renew a licence, by telephone or online. .

Nursing agencies and domiciliary care agencies

If you are setting up or running a nursing agency or domiciliary care agency, you may need to be registered with the Regulation and Quality Improvement Authority (RQIA) which regulates a range of health and social care services. This covers nursing agencies if you supply registered nurses to work for other providers or nurses or carers supplied to work directly in people's own homes.

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To find out more about how to register, you should call the RQIA Registration Team on Tel 028 9051 7500.

AccessNI is a Criminal History Disclosure Service within the Northern Ireland Department of Justice, set up to help organisations make safer recruitment decisions.

As an employment agency or employment business there may be some industries you provide workers for that require criminal record checks. This is likely to include workers with duties involving close contact with children or other vulnerable groups, such as elderly people or those with learning disabilities.

Organisations that apply for a check must comply with AccessNI's code of practice. For more information, see AccessNI criminal records checks.