Obligation to provide work
Q & A
Q1. What information must we obtain about the work-seeker?
Conduct Regulation 19 requires us to obtain certain information about a work-seeker before introducing or supplying them to a client. This information is set out in paragrpahs (a) to (c) below and includes:
(a) The identity of the work seeker: we must confirm the identity of the work-seeker, whether this is an individual or a limited company which will supply the individual.
You can check an individual’s identity by viewing a passport, driving licence or long form birth certificate, a utility bill or other form of identification. However the expectation increasingly is that you will have seen some form of photographic ID. Generally speaking the best document for this will be a passport since this is also the first port of call when verifying whether an individual has right to work in the UK (see (b) below). Where a work-seeker does not have a passport or photographic driving licence you can check some other form of ID documentation such as a long form birth certificate (not the short form). Importantly, a national insurance number or card is not by itself confirmation of identity or the right to work.
(b) Experience, training, qualifications and authorisation: The Conduct Regulations require that the work seeker (and the person who would be supplied to do the work if the work-seeker is a limited company) has the experience, training, qualifications and any authorisation considered necessary or required by law or a professional body to work in that position. Therefore we should ask to see relevant certificates and check up to date registration with relevant bodies such as the Law Society, General Medical Council, etc. depending on the sector you supply into.
Right to work in the UK: This comes under “authorisations”. we must check that a work-seeker has the right to work in the UK before you supply him or her to the client. It would be a breach of immigration legislation to supply a work-seeker who does not have the right to work in the UK
Finally, we should take copies of the documentation you check and store them securely.
(c) Willing to work in the position: We must also confirm that the work seeker is willing to work in the position, which the client seeks to fill i.e. you, should discuss the position with the work-seeker before putting his/ her details forward.
(d) Working with vulnerable persons: If we are introducing or supplying a work-seeker into a role in which they will care for or attend a vulnerable person, Conduct Regulation 22 requires checks in addition to (a) to (c) above, we must also:
- obtain copies of any relevant qualifications or authorisation as may be required and offer to provide these to the client or take all reasonable steps to obtain such copies and notify the client that none are available;
- obtain two references or take steps to obtain such references from persons not related to the work seeker (this need not be a current or former employer but could for example, be a bank manager or teacher/tutor) with consent to pass these on to the client or take all reasonable steps to obtain such references and inform the client that you were unable to obtain these references; and
- take all reasonably practicable steps to ensure that the work-seeker is not unsuitable for the position.
- If you have not been able to obtain the information set out at (a) to (c) above, we must notify the client.
Q2. What information must we obtain from the client about the position to select a suitable work seeker?
Conduct Regulation 18 requires that we obtain certain information from the client about the position they seek to fill. This information includes:
- the identity of the client and the nature of their business;
- the commencement date and the duration or likely duration of the work. The duration of the work is also relevant for Agency Workers Regulations 2010 purposes.
- the position and the type of work a work-seeker would be required to do; the location and the hours of work; any risks to health and safety known to the client and any steps taken to prevent or control those risks in relation to that position;
- any experience, training, qualifications and any authorisation considered necessary or required by law or a professional body for the worker (or the person supplied to do the work in such a position;
- any expenses payable to or by the work seeker; and
- where the work seeker is to be employed by the client:
- the minimum rate of remuneration and other benefits and intervals of payment; and
- where applicable, the length of any period of notice for termination of employment.
- When providing the information to the work-seeker it can be either in paper or electronic form e.g. email or using specialist text message software.