6 Point Plan To Avoid EAS Potential Prosecution!

I read, with great interest and amazement, recently an article published by the Department for Business, Innovation and Skills (BIS) outlining the findings from an operation conducted by the Employment Agency Standards inspectorate (EAS) whereby they visited FIFTY employment agencies in total as part of a targeted national exercise. Towns and cities visited included London, Birmingham and Newcastle-upon-Tyne.

Thirty-eight agencies were issued with warnings for failing to comply with the law.

From the 50 Agencies audited, inspectors found more than 140 breaches. Many of the offences where relatively minor however the worst breaches identified included:

• Failure to follow the correct procedure when carrying out identity and qualification checks.
• Not agreeing Terms with workers prior to an assignment.
• Not obtaining relevant and necessary information from the hirer regarding the job.
• Failing to give critical information to both the worker and the hirer about the assignment in the form of written communication.

Having been involved with the recruitment industry for the best part of two decades and the latter years performing a Compliance Implementation and Support role, I was further shocked to discover that all of the agencies inspected, on this occasion operate within the Teaching and Childcare sectors, an area where we would expect a high level of vigilance.
Being a mother of two, I absolutely believe that there is no justification in placing ones children at risk.

Secondary to this is that it is beyond me why any business would continue to disobey the law and face prosecution, be hit with unlimited fines or face the possibility of being banned from operating for up to 10 years when they could safeguard themselves substantially by following a few simple steps within a robust process.

I’m not saying that it is easy, and I am the first to agree that some areas of the required documentation controls are very time consuming and can seem a little pointless, however once the culture is focused on acceptance of the legal and moral requirements, then we can move forwards.

At the point at which I took on the role of heading up a Compliance Support department a few years ago our percentage conformity stood at under 60 %. The required target was 85% and we surpassed this in a relatively short space in time. The fundamental principle from a standing start was to follow 6 simple steps which I would like to share with you

Step 1

Create an Audit Checklist which focuses on any compliance or business critical areas. (This can also be utilised as a registration tool to ensure the necessary checks are prompted at source and becoming a prevention rather than a cure)

Step 2

Perform a full Workers/Hirers audit to establish all areas of potential prosecution risk.

Step 3

Formalise and communicate the findings to all personnel involved in the recruitment process. (It is recommended that any consequences of non compliance faced by the individual should be part of your Contracts of Employment)

Step 4

Create a specific training module to cover all aspects of legal and best practice requirements to ensure your personnel are fully informed as to their own responsibilities and accountability.

Step 5

Establish an audit diary and perform at regular intervals to reduce your potential liability.

Step 6

In the spirit of moving forward, revisit any Induction Training programme you have and include a “sign off” section specific to the audit fulfilment thus safeguarding against an individuals knowledge base being assumed.


As with most things in an ever-changing environment, it is nigh on impossible to guarantee that by implementing the above stepped programme you will never be in a position of compromise.
I can however state with absolute conviction that the increase in conformity achieved in the above role was as a direct result of following to the letter the above process as part of a total quality management philosophy.

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