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Employment Agencies Act 1973

Consolidated Text As Enacted Cited authorities 31 Cited in Amendments 199 Related
Vincent
JurisdictionUK Non-devolved
Citation1973 c. 35
any employment agency or employment business; orany specified description of employment agency or employment business.(2) An order under subsection (1) of this section (in this Act referred to as “a prohibition order”) may either prohibit a person from engaging in an activity altogether or prohibit him from doing so otherwise than in accordance with specified conditions.on a specified date, oron the happening of a specified event,in either case, not more than ten years later.(4) Subject to subsections (5) and (6) of this section, an F5employment tribunal shall not make a prohibition order in relation to any person unless it is satisfied that he is, on account of his misconduct or for any other sufficient reason, unsuitable to do what the order prohibits.any director, secretary, manager or similar officer of the body corporate,any person who performs on behalf of the body corporate the functions of a director, secretary, manager or similar officer, orany person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act,is unsuitable, on account of his misconduct or for any other sufficient reason, to do what the order prohibits.(6) An F5employment tribunal may make a prohibition order in relation to a partnership if it is satisfied that any member of the partnership, or any manager employed by the partnership, is unsuitable, on account of his misconduct or for any other sufficient reason, to do what the order prohibits.(7) For the purposes of subsection (4) of this section, where an employment agency or employment business has been improperly conducted, each person who was carrying on, or concerned with the carrying on of, the agency or business at the time, shall be deemed to have been responsible for what happened unless he can show that it happened without his connivance or consent and was not attributable to any neglect on his part.(8) A person shall not be deemed to fall within subsection (5) (c) of this section by reason only that the directors act on advice given by him in a professional capacity.(9) In this section—
  • “director”, in relation to a body corporate whose affairs are controlled by its members, means a member of the body corporate; and
  • “specified”, in relation to a prohibition order, means specified in the order.
(a) on conviction on indictment, to a fine;(b) on summary conviction, to a fine not exceeding the statutory maximum.(1) On application by the person to whom a prohibition order applies, an F8employment tribunal may vary or revoke the order if the tribunal is satisfied that there has been a material change of circumstances since the order was last considered.(2) An F8employment tribunal may not, on an application under this section, so vary a prohibition order as to make it more restrictive.(3) The Secretary of State shall be a party to any proceedings before an F8employment tribunal with respect to an application under this section, and be entitled to appear and be heard accordingly.(4) When making a prohibition order or disposing of an application under this section, an F8employment tribunal may, with a view to preventing the making of vexatious or frivolous applications, by order prohibit the making of an application, or further application, under this section in relation to the prohibition order before such date as the tribunal may specify in the order under this subsection.(1) An appeal shall lie to the Employment Appeal Tribunal on a question of law arising from any decision of, or arising in proceedings before, an F10employment tribunal under section 3A or 3C of this Act.(2) No other appeal shall lie from a decision of an F10employment tribunal under section 3A or 3C of this Act; and section 11 of the Tribunals and Inquiries Act 1992 (appeals from certain tribunals to High Court or Court of Session) shall not apply to proceedings before an F10employment tribunal under section 3A or 3C of this Act.requiring persons carrying on such agencies and businesses to keep records;prescribing the form of such records and the entries to be made in them;prescribing qualifications appropriate for persons carrying on such agencies and businesses;regulating advertising by persons carrying on such agencies and businesses;safeguarding clients’ money deposited with or otherwise received by persons carrying on such agencies and businesses;restricting the services which may be provided by persons carrying on such agencies and businesses;regulating the way in which and the terms on which services may be provided by persons carrying on such agencies and businesses;restricting or regulating the charging of fees by persons carrying on such agencies and businesses.persons seeking employment outside the United Kingdom;persons normally resident outside the United Kingdom seeking employment in the United Kingdom.

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