Using a recruitment agency to find staff

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Using a recruitment agency to find staff

Employers using agencies to find temporary or permanent workers have certain responsibilities.

Agencies that find staff for other businesses, but pay the staff themselves, are known as ‘employment businesses’.

If you take on workers through an employment business, they’re responsible for ensuring the workers’ rights under working time and minimum wage rules.

Agencies providing workers for agriculture, food processing, horticultural and shellfish-gathering industries are known as ‘gangmasters’ - if you use one, you need to make sure they’re licensed.

Employers’ responsibilities

As an employer, you’re responsible for:

  • agency workers’ health and safety
  • ensuring they have the same access to shared facilities as other workers
  • letting them know about relevant job vacancies in your business

However, you can stop providing work to an agency worker, as long as they’re not employed by you.

It’s a criminal offence to use an agency to replace employees or workers on strike.

Additional rights after 12 weeks

After 12 weeks in the same job, agency workers are entitled to the same terms and conditions as employees doing the same or similar work. This includes:

  • pay
  • working time, rest periods and breaks
  • night work
  • annual leave
  • time off for antenatal appointments for pregnant workers

For more details, see the Department for Business, Innovation & Skills (BIS) guidance on agency worker regulations.

Download ‘Agency worker regulations’ (PDF, 330KB)

Transfer fees

Agencies can charge a transfer fee if you employ a worker directly, or a worker is supplied to you through another agency after their initial contract.

Agencies can only charge transfer fees if you take the worker on in either of the following periods, whichever ends later:

  • 14 weeks of the start of their first assignment with you
  • 8 weeks of the end of an assignment with you

Complaining about an agency

If you need advice or want to complain about a recruitment agency, contact the Acas helpline.

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Without the Growth Hubs help and assistance, we would never have been able to increase our sales & output and also grow our local business. With this help in purchasing new equipment we have expanded our operations and gained a new and increased customer base.

Nuneaton Roof Truss,

Over the past few years, Armstrongs has built up a fantastic relationship with Gary Thyeson from the Growth Hub. His advice on grants and funding has been really valuable to both Armstrongs and some of our clients. His knowledge of local business support has been helpful in signposting us to relevant support agencies as required. We look forward to working with Laura Delahunty moving forwards.

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In the short time since first engaging with the Warwickshire Growth Hub we feel that Laura has understood our vision and has been so very supportive in linking us to the specialist teams who are now supporting us with training, finance and recruitment. A great service that every growing organisation should connect with

MES Systems Limited,

I have had an excellent experience working with Laura from the Growth Hub, from day one, she was taking detailed attention to my concerns and ideas. She was able to put me in contact with different organisations and people to find out answers to my questions and help me to solve some inquiries I was having. I feel this support definitely had a positive impact in my plans. 

 

PALACIOS LTD,

It’s been a fantastic inaugural eight months for the TalentTech Recruitment team and, although the reality of setting up and running a company can be a somewhat daunting experience, we have been extremely grateful for the superb help, advice and guidance given to us along our journey by Gavin Barnett and the team at CW Growth Hub. Gavin’s introductions to both Warwick & Coventry Universities and his wider business network have been absolutely invaluable.

TalentTech Recruitment LTD,

For many individuals out there, it is very hard to figure out ways and know which direction to go when it comes to setting up a business. The challenges of taking your idea and bringing it to life and not knowing where to go and who to speak to for advice. it can get very frustrating..

King of Saffron LTD,

This grant [which we received with the help of the Growth Hub and Coventry City Council] will really help us get on track for business growth and succeed with our vision. Personally, I would also like to thank the team for supporting me through the grant application process. You have been very approachable and attentive throughout.

Exeter Analytical (UK) Limited,

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Burbidge & Son Ltd,

Over the years since the Growth Hub was set up we have habitually gone to our Account Manager as a one-stop shop for all business-related information.  It has been a really convenient way of finding suppliers, advisors and, on one occasion, we even asked for assistance with finding customers.  We are invited to a wide range of business events including business development workshops, Brexit roundtable discussions, seminars on various topics and have also been asked to speak at some events.  When we have needed additional information, for example, finding finance sources or help with selecti

Marchantcain Design Limited,

Thanks to CW Growth hub getting us access to grant funding we have been able to invest in the latest computer monitoring system, which will enable us to compete with the national companies within our industry.

Comrie Leisure Limited,

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