Lawspeed responds to consultation on advertising jobs abroad
The new requirement, which the government hopes to bring into force by the end of this year, will prohibit agencies from advertising UK jobs in the European Economic Area unless the jobs are also advertised in English in Great Britain (GB) at the same time, or if the job has already been advertised in GB for at least 28 days beforehand.
This amendment to the agency regulations delivers on the government promise to regulate in this area and is no doubt part of the government plan to try and limit local jobs being lost to foreign workers. However, the requirements are not particularly specific or onerous and it would seem that any advert in GB in English for the job would suffice so long as it is run for 28 days before or at the same time as the advertisement abroad.
There is a defence to not placing a GB advertisement if the agency reasonably believes a GB advertisement would be disproportionate because of the likelihood that no-one locally would apply for the job.
Ravi Murphy, director and head of client relations at the recruitment law specialist Lawspeed, said “The lack of specific requirements coupled with the defence would potentially render this proposed regulation a cosmetic rather than a real exercise but nevertheless, agencies should take note that failure to comply could result in an investigation and sanctions under the Employment Agencies Act. Furthermore it could possibly create negative press, given the current climate in which immigration and local jobs for local workers appears high on the political agenda”.
As expected the government plans to proceed with the new regulation