Considerations when providing information to the client when supplying a work-seeker
There are considerations when providing information to the client when supplying a work-seeker
1. Having collected the information to present to the client the agency must consider the following:
(a) Consent: Before any information is disclosed relating to the work-seeker (or the person who would be supplied to do the work if the work-seeker is a limited company) to a client they agency must obtain their consent unless it is:
I. for the purposes of providing work-finding services to the work seeker i.e. for the purposes of getting the work-seeker a job (this will cover most disclosures to clients so it is not necessary for the agency to obtain consent before passing their CV to a client however, the work-seeker must confirm they are willing to work in the position they are being put forward for. The agency cannot rely on a blanket consent to forward a CV for multiple positions); or
II. for the purposes of any legal proceedings; or to a professional body of which the work-seeker is a member.
(b) When to give the information: Where the information is given to the client verbally at the time the worker-seeker is introduced or supplied, the agency must confirm such information in paper form or by email to the client as soon as possible and in any event no later than the end of the third business day following the day on which the information was given subject to the timings set out in section 2 above.
(c) Other information to give to the client:
I. Where supplying temporary staff, the agency must also state whether the work seeker will be employed by the agency under a contract of employment or engaged under a contract for services.
II. If the work seeker the agency is supplying is a limited company contractor who has opted out of the Conduct Regulations the agency must inform the client of this.