Instruction to supply temporary worker

Use our letter as your instruction to an employment business where you are seeking a temporary agency worker to fill a short-term position. Make sure you then carefully read the terms of business supplied.

Employment agency or business?

The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (as amended) govern the conduct of the private recruitment industry and establish a framework of minimum standards that both hirers (i.e. you) and workers are entitled to expect. An employment business engages or employs workers for supply on a temporary basis to hirers (and the worker is paid by the business) and an employment agency introduces workers to hirers for direct permanent employment. So, in fact, when you refer to employment or temp agencies in relation to temporary assignments, you should technically actually refer to them as employment businesses.

Information to be provided

You don’t need to worry about most of the provisions of the Regulations as those are for the employment business or agency to comply with, for example, to make certain checks of the temporary worker.  However, the Regulations also provide that the employment business can’t supply a temporary worker to you unless they’ve first obtained sufficient information from you to select a suitable worker for the position you’re seeking to fill, including:

• your identity and, if applicable, the nature of your business
• the date on which you require the worker to commence work and the duration, or likely duration, of the work
• the position which you seek to fill, including the type of work, the location and the hours of work
• any risks to health or safety known to you and what steps you’ve taken to prevent or control such risks
• the experience, training, qualifications and any authorisation which you consider are necessary, or which are required by law, or by any professional body, for a worker to possess in order to work in the position; and
• any expenses payable by or to the worker.

Letter of instruction

Our Instruction to Supply Temporary Worker is intended to be your letter of instruction, usually following an initial telephone call verbally outlining your requirements. With the exception of expenses (which you can add if they apply), it sets out all of the information stipulated above. It also acknowledges your obligations under the Agency Workers Regulations 2010 in respect of both “day one” rights and equal treatment rights in relation to certain basic working and employment conditions (including pay and holidays) should the temporary assignment continue for more than twelve weeks. “Day one” rights include ensuring the worker is given access to information about relevant internal job vacancies to give them the same opportunity as your other staff to find permanent employment and equal access to on-site collective facilities, such as a canteen and transport services. In addition, it asks the employment business to confirm essential information such as their hourly charge rate, frequency of invoicing, on what legal basis they will be engaging the worker and the procedure to be followed if the worker is unsatisfactory. Finally, it asks the employment business to forward to you the CVs of suitable candidates for you to consider and asks them to supply their terms of business - be sure that you read these carefully and negotiate where appropriate, as you will be bound by them if you accept them.