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There are certain records you must keep when running an employment agency or business about applications from work-seekers.

However, you are not required to keep the details of a work-seeker if you take no action to find them work. For example, if you receive a high volume of speculative CVs, which are not used, records need not be retained on each work-seeker whose CV is not used.

Records data you must keep

You must keep the following records on work-seekers you find, or attempt to find, work for:

• the date their application was received
• their name, address, and, if under 22 years old, their date of birth as well
• any terms which apply, or will apply, between the agency or employment business and the work-seeker
• any document recording variation to the terms between the employment agency or business
• details of their training, experience, qualifications, and any authorisation to undertake particular work (and copies of any documents provided to you relating to this)
• details of any requirements specified by the work-seeker in relation to taking up employment
• names of hirers to whom the work-seeker is introduced or supplied
• details of any resulting engagement and the date from which it takes effect
• a copy of any contract between the work-seeker and a hirer that you entered into on the work-seekers behalf
• the date any applications are withdrawn or contracts are terminated
• details of enquires about the work-seeker and the position concerned - with copies of all relevant documents and dates they were received or sent

Charging fees and records you must keep

If you are permitted to charge fees to work-seekers (ie agencies in the entertainment sector), you should also keep records of either:

• the dates of requests for fees from the work-seeker and receipts of fees or payments, with copy statements or invoices, numbers, and amounts, or
• statements of dates and amounts of sums deducted from the money you received on the work-seekers behalf when you operated a 'client account' to hold the work-seekers money

There are certain records you must keep when running an employment agency or business about any companies hiring staff who contact you with job vacancies.

Records you must keep when dealing with companies hiring staff

• The date their application is received.
• The hiring company's name and address, and the location of employment they are offering if different.
• Details of the job role or roles the hirer seeks to fill.
• Duration or likely duration of the job role.
• Experience, training, ability, qualifications, and authorisation are required either by the hiring company, by law, or by any professional body.
• The terms offered in respect of the job role or roles the hirer seeks to fill.
• Any other conditions attached to the job role or roles the hirer seeks to fill.
• Copy of the terms between the employment agency or business and the hiring company, and any document recording any variation on these terms.
• Names of job-seekers introduced to or supplied to the hiring company.
• Details of inquiries about the hiring company and the position the hirer seeks to fill, with copies of all relevant documents and dates of their receipt.
• Details of each resulting engagement and the date from which it takes effect.
• Dates of requests by the employment agency or business for fees or other payment from the hiring company and of receipt of such fees or other payments, and copies of statements or invoices.

There are certain records you must keep when running an employment agency or business when more than one employment agency or employment business is involved with the work-seeker or hirer.

Records you must keep: multiple employment agencies

• names of any other agencies or employment businesses whose services the agency or employment business uses
• details of enquiries about that agency or employment business's suitability, with copies of all relevant documents and dates the enquiries were made and the answers received
• date and copy of any agreement with the other agency

All the records relating to either work-seekers, hirers or situations where more than one employment agency or business is involved must be kept for at least one year after their creation.

Records relating to applications from hirers and work-seekers must be retained for at least one year following the date that the agency or employment business last provided its services to that work-seeker or hirer.

If you run a modelling or entertainment agency, client account records must be kept for a minimum of six years. For further information see entertainment and modelling agencies.

You can keep records at the premises where you trade or elsewhere. You must make sure they are readily accessible and can be delivered to the trading premises to which they relate - ie the premises at which the work-seeker/hirer is registered or employed, or premises you carry out the business with any other employment agency or employment business.

If a request for records is made by an Employment Agency Inspectorate inspector they must be delivered no later than the end of the second business day following the day the request for them is made. For example, if a request for records is made on a Monday, you must be able to deliver them by the end of Wednesday.

Records can be kept in electronic form provided they are capable of being reproduced in a legible form.

The is responsible for regulating the conduct of employment agencies and employment businesses in Northern Ireland.

The EAI's main way to check that employment agencies and businesses are complying with the law is by sending inspectors to visit the agency or business and carry out an inspection.

EAI inspectors investigate complaints, follow up allegations of misconduct, and undertake targeted checks of employment agencies and businesses.

All EAI inspectors carry official identification. They are able to enter domestic or commercial premises that they have reason to believe are used, or have been used, for the purposes of an employment agency or business. They have powers to inspect those premises and any records or documents necessary to ensure compliance with The Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 (as amended) and The Conduct of Employment Agencies and Employment Businesses Regulations (Northern Ireland) 2005 (as amended).

Inspectors may require proof to decide whether employment agencies and businesses are complying with their legal obligations. They can specifically request documents and financial records to ensure compliance while they are on the premises. Inspectors may also copy documents, or remove documents for the purposes of copying them or request in writing any record, document, or information be provided to them at a time and place of their choice so avoiding the need to revisit the premises.

For the definitions of an employment business and an employment agency, see employment agencies and employment businesses.

Employment Agency Inspectorate (EAI) inspectors will inform the employment agency or business of instances of non-compliance and explain what their legal requirements are.

If an employment agency or business is not complying with their legal obligations they will be sent an infringement letter detailing the issues which require their attention in order to achieve compliance, and the steps needed to correct them. You will be required to provide evidence that you have addressed the non-compliance issues accordingly. There may be a follow-up inspection by the EAI to ensure that remedial action has been taken.

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Penalties for serious non-compliance issues

If the matter is particularly serious or the employment agency or business does not take corrective action, the EAI will consider recommending a prosecution and/or making an application for a Prohibition Order in an Industrial tribunal.

Certain breaches of the legislation are criminal offences that can be tried in the Magistrates' Court, where the maximum fine is 拢5,000 for each offence, or in the Crown Court where the fine is unlimited.

The EAI can make an application to an Industrial Tribunal for a Prohibition Order on account of a person's misconduct or unsuitability. The maximum ban is ten years.

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If you have a question about an EAI inspection or any other related topic, you can call the Employment Agency Inspectorate Helpline on Tel 028 9025 7796 or email eai@economy-ni.gov.uk. They will take note of the points you raise, seek further advice if necessary, and advise appropriately.

The Employment Agency Inspectorate (EAI) can refer cases for prosecution where a person breaches the requirements of the 1981 Order or Conduct Regulations while running an employment agency or employment business.

This can include anyone who:

• breaches the ban on charging fees to workers
• fails to comply with any of the conduct regulations
• makes, causes to be made, or knowingly allows false entries to be made in any record or document that has to be kept under the 1981 Order or Conduct Regulations
• doesn't comply with a prohibition order without a reasonable excuse

In addition, any person who obstructs an officer in carrying out their duty will be guilty of an offence and liable to a fine not exceeding 拢1,000.

Prohibition orders

A prohibition order may either:

• prevent a person from running an employment agency or business or any version of these specified in the order
• impose conditions under which they may be allowed to run an employment agency or business

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