Records about work-seekers

You only have to keep records of work-seekers if you take action to find them work. For example, if you get sent speculative CVs and do not use these work-seekers, you do not have to keep the CVs. You must keep the following records on work-seekers you either find work for, or try to find work for: their name, address and, if under 22, date of birth any terms which apply, or will apply, between the agency or employment business and the work-seeker any document recording changes to these terms details of the work-seeker’s training, experience and qualifications and any authorisation to do particular types of work (and copies of any documents provided to you relating to this) details of any resulting engagements and when they start a copy of any contract between the work-seeker and a hirer that you entered into on the work-seeker’s behalf details of enquires about the work-seeker and the position concerned (including copies of all relevant documents and dates they were received or sent) Records of fees If you are allowed to charge fees to work-seekers, 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 statements of dates and amounts of sums deducted from money you received on the work-seeker’s behalf, which was paid into a ‘client account’ to hold the work-seekers money Records of other agencies You no longer need to keep records of other employment agencies or business involved with the hirer or work-seeker.

You must keep the following records about any hirers who contact you with vacancies: details of the positions the hirer wants to fill duration or likely duration of work experience, training, ability, qualifications, and authorisation required either by the hirer, by law or by any professional body details of enquiries about the hirer and the position they want to fill, including copies of all relevant documents and dates of their receipt dates of requests by the agency or employment business for fees or other payment from the hirer plus copies of statements or invoices of these when they’re paid

Storing and accessing records

Client account records Records for entertainment and modelling agencies have to be kept for at least 6 years. Records of applications Records of applications from hirers and work-seekers have to be kept for at least 1 year from when the agency or business last provided its services for them. Where to keep records It does not matter where you keep the records as long as they can be accessed easily. Requests for records If a Fair Work Agency ( FWA ) inspector asks to see your records they must be provided by the end of the second business day after the request was made. For example, if records are requested on Monday, they must be provided by the end of Wednesday. Records can be kept in electronic form as long as they can be reproduced and read easily.

Inspections and enforcement of the rules

The Fair Work Agency ( FWA ) checks that employment agencies and businesses are following the rules. They can do this by: writing to you and asking you to supply information visiting you and inspecting your records What FWA inspectors can do FWA inspectors investigate complaints, follow up allegations of misconduct, and make targeted checks of employment agencies and businesses. Inspectors have to carry official ID. They can enter commercial premises they’ve got reason to believe are, or have been, used as an employment agency or business. They need a warrant to enter domestic premises. Inspectors can inspect records and documents to make sure the agency or business is following the rules. They can: ask to see documents and financial records copy these records remove the records to copy them request in writing that any record, document or information is provided to them at a time and place of their choice so they do not have to go back to the premises Enforcement of the rules If your employment agency or business is breaking the rules you’ll be sent a warning letter saying how and what you have to do to fix this. There might be a follow-up inspection. In serious cases you might be prosecuted or referred to an employment tribunal and you could get stopped from working as an employment agency or business. Breaches of the rules are criminal offences. You could be taken to court and face an unlimited fine.

Record keeping for employment agencies and businesses

Overview

If you’re running an employment agency or employment business in England, Scotland or Wales you must keep proper records on the work-seekers and hirers you do business with.

There are different rules on record keeping for employment agencies and businesses in Northern Ireland.

You must keep the records for set amounts of time and make them easily available to Fair Work Agency (FWA) inspectors.

If an inspector finds you’re breaking the rules they can:

send out warnings
recommend you’re taken to court
seek a prohibition order through an employment tribunal

View a printable version of the whole guide

Record keeping for employment agencies and businesses

Overview

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Record keeping for employment agencies and businesses

Overview

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