Posted on 13/05/2020 by Laura Fox
At the beginning of the year, TPP Recruitment passed its fourth REC audit, to achieve REC Audited status once again; the first not for profit recruitment specialist to ever do so. In fact, the growing focus on compliance issues in the recruitment industry when we were first audited back in 2013, was the genesis of our very own Compliance Team, who have steadily grown in size and stature ever since.
Once you have implemented new compliance processes into your operational procedures, you cannot just sit back and rest on your laurels; you need to make sure these processes are constantly being monitored and adhered to, by a dedicated team if needs be. At the very least, you need to make sure you have buy-in and engagement from all of your employees, making sure to let them know why the changes have been made, citing the relevant pieces of law or legislation. Don’t ever expect employees to blindly follow process without providing a full explanation of which laws they’d be breaking if they didn’t comply.
The biggest compliance change in the last few years, which everybody would have heard of even if they know nothing about compliance, was of course the General Data Protection Regulation, or GDPR for short. The Senior Management Team at TPP spent the best part of nine months preparing for GDPR, but the work didn’t stop in May 2018. The Compliance Team have to deal with Subject Access Requests and/or the ‘Right to be Forgotten’ on a day-to-day basis, which not only incorporates GDPR but also our record retention policy, which includes laws such as the Conduct of Employment Agencies and Employment Businesses Regulations, the National Minimum Wage Act and The Equality Act. Making sure all the relevant staff are trained in how to deal with these requests is an ongoing endeavour which is closely monitored; just a small part of our commitment to working in partnership internally, by being ‘honest, supportive and collaborative…to achieve exceptional results.’
As the above example shows, compliance is ever evolving and constantly changing. Not only do we see old legislation get a much needed ‘upgrade,’ but new legislation around work-seekers and employees has kept employment businesses and agencies, as well as employers, very busy over the past few months. I would be willing to bet that there are a fair few work-seekers and/or employees out there who have heard next to nothing about a ‘Key Information Document’ or a ‘Written Statement of Particulars,’ yet you will come across at least one, if not both of them, at some point on your work-finding journey.
Key Information Document
The Key Information Document (KID) is intended to improve the transparency of information provided to agency workers, particularly around pay, including an overview of how deductions will affect that pay. The KID will enable an agency worker to make a more informed decision about taking on an assignment based on how their take-home pay is affected by agency fees (if applicable) and other deductions.
The regulation doesn’t apply to agency workers with existing terms with an employment business, but agency workers must be provided with a KID when they first sign up with a new employment business.
Written Statement of Particulars
This is a new law contained in The Good Work Plan: a product of the Taylor Review of Modern Working Practices, which was concluded in July 2017. All new employees and agency workers now have the right to a statement of written particulars from their very first day of employment, where previously this had to be provided within two months.
Both of these new laws were implemented on 6th April 2020, so we have a legal obligation to make sure we comply with them. You may think ‘So what? It’s the law, so everyone has to comply.’ First of all, you’d be surprised (or maybe not?) how many recruitment agencies out there who do not keep such important legislative developments at the forefront of their operational and process decisions. Not only do we follow the letter of the law, our REC Audited status, the ‘gold-standard’ in recruitment compliance, is proof positive that we go above and beyond and ensure we always follow best practice. Secondly, making sure our values are at the forefront of everything we do ensures we constantly maintain the high standards we are so proud of, while also protecting our reputation as a highly respected, non-profit recruitment specialist.
WHY do we need to comply?
Apart from the obvious danger of regulatory fines or compensation claims, loss of trust from customers cannot be over-estimated. Here at TPP, we do the right thing and conduct our business in a compliant and ethical way.
WHAT laws/legislation/policies do we need to comply with in order to run a successful employment business?
At TPP, we specialise; we have a dedicated Compliance Team, ensuring we are always on top of relevant legislative changes.
HOW will we make sure everyone is on the same page and complying with these rules?
We work in partnership internally; we work in an honest, supportive and collaborative way to achieve exceptional results, ensuring staff are fully trained and told of important updates.
WHO will ensure there is a good compliance culture within the organisation and employees are engaged?
We exceed expectations; it is up to everyone at TPP to ensure we are complying with legislation and go above and beyond what is required of us.
Today more than ever, it is increasingly important to know that you are working with a trusted, ethical recruitment partner who will not cut corners or compromise on customer service levels, even when faced with the added challenges remote working brings.
If you have a role to fill and you need our help, or are just looking for some recruitment advice, please call us on 020 7198 6000 or email firstname.lastname@example.org and we will be happy to assist you.