the term "employment business" or "agency"

[wantacontract]

Hello everyone, in the final throes of negotiating my contract to be re-written.

My query is should the term of "employment business" be used for the recruitment agency or should it be "Agency"???

I thought Agency sounded more correct....anyway have also engaged PCG..so will post response as soon as I get it...

[malvolio]

Agencies, being simple souls, tend to use both interchangeably - but an agency places temporary or freelance workers while a business charges you for finding permanent staff. It only matters if there's a dispute because whichever one they claim to be affects the interpretation of the relevant bits of the Agency Regs. One day the DTI will notice and someone will get smacked.

[Denny]

Agencies, being simple souls, tend to use both interchangeably - but an agency places temporary or freelance workers while a business charges you for finding permanent staff. It only matters if there's a dispute because whichever one they claim to be affects the interpretation of the relevant bits of the Agency Regs. One day the DTI will notice and someone will get smacked.

This is wrong.

An EB places flexible workers (contractors and temps), an EA permanent staff.

Why do you think I keep using the acronym EB in my posts?

[wantacontract]

PCG response

PCG has come back with:

For the purposes of IR35, it matters not which term is used....the PIMP wants employment business, so it'll be EB.

[malvolio]

This is wrong.

An EB places flexible workers (contractors and temps), an EA permanent staff.

Why do you think I keep using the acronym EB in my posts?

Quite right. Bugger...

Note to self: check sense before writing in future...

[XLMonkey]

Oh my god...

Malvolio caught making mistake on posting.

Call Reuters, no wait, call the cops!

think I need a lie down

[malvolio]

Oh my god...

Malvolio caught making mistake on posting.

Call Reuters, no wait, call the cops!

think I need a lie down

No problem - I do it on purpose to see who's paying attention....

Honest....


No, I do...



Really....

[tim123]

Agencies, being simple souls, tend to use both interchangeably - but an agency places temporary or freelance workers while a business charges you for finding permanent staff. It only matters if there's a dispute because whichever one they claim to be affects the interpretation of the relevant bits of the Agency Regs. One day the DTI will notice and someone will get smacked.

In law the 'duck test' applies. If it looks like an agency, then it's an agency (and vice versa) whatever it says in the contract.

tim

[Denny]

In law the 'duck test' applies. If it looks like an agency, then it's an agency (and vice versa) whatever it says in the contract.

tim

There is not a single EB that will claim to be an EA if they are dealing with contractors or temps. They may claim in their adverts that they act as both, but that is only because they have a permie placement desk too, not because they wish to use the term EA to describe their flexible worker placement desks.

[mlawren]

Hi guys,
There is a difference (in law)
An Employment Agency, recruits permenant staff for a client to be employed by (paid) the client (employer). The Agency may charge the client a finders or introduction fee for this service. The candidate signs a "contract of employment" with the employer.
An Employment Business, recruits temporary staff for a client to be engaged with the client, and paid by the Employment Business. The Employment business charge a gross margin (markup) on the candidate pay rate. The candidate/contractor signs a "contract for services" with the employement business.
It's all about who pays who. Follow the money...
An Agency/Employment Business may act as one or both, but must publish in what respect they are acting. Usually at the bottom of the job ad.

mlawren