Q&As

Is it the responsibility of an employment business (within the meaning of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 SI 2003/3319) or that of the hirer to give ongoing health and safety training to a temporary worker?

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Published on LexisPSL on 13/11/2019

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Is it the responsibility of an employment business (within the meaning of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 SI 2003/3319) or that of the hirer to give ongoing health and safety training to a temporary worker?
  • Employment agencies and employment businesses legislation
  • Health and safety legislation

Is it the responsibility of an employment business (within the meaning of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 SI 2003/3319) or that of the hirer to give ongoing health and safety training to a temporary worker?

You may wish to consider the obligations of the employment business and the hirer under:

  1. the relevant employment agencies and employment businesses legislation

  2. the relevant health and safety legislation

Employment agencies and employment businesses legislation

An employment business (often known as an agency) is a business that arranges temporary work for work-seekers with a 'hiring company'; the temporary worker (often referred to as an 'agency worker') is paid by the agency rather than by the company to which they are supplied (usually known as 'the supply of temporary workers' or 'the supply of agency workers') generally.

For further information, see Practice Note: Employment agencies and employment businesses—Scope of the legislation.

Regulations 18 and 19 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003, SI 2003/3319 (Conduct Regs 2003) set out relevant information provision obligations.

An employment business may not introduce or supply a work-seeker to a hirer unless:

  1. the employment business has obtained sufficient information from the hirer to select a suitable work-seeker for the position which the hirer seeks to fill. That information includes, among other things, the experience, training, qualifications and any authorisation which the hirer

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