Update for the Education Sector/REC Audited Education audit holders - Joint Employment Models

It’s almost two years since the emergence of COVID 19, and the two-year anniversary of Brexit is also getting close. These have been tough times for recruiters and the education sector has shown real resilience in supporting schools, supplying staff through this very challenging period.

In managing challenges, we know that recruiters are adept at responding to the changes to the market, to legislation, safeguarding requirements etc. in what is often a fast-paced sector. As ever, the REC is here to provide support and guidance to REC members and to help with questions and advice on not only running a compliant recruitment business, but also about driving high standards.

REC Audited and REC Audited Education are important tools for REC members, providing a health check and assessment that confirms not only that minimum standards are being met, but also best practice policies and procedures are in place. Recently, we’ve become aware of a different type of supply model which is likely to pose difficulties for Audit holders and also agencies who are suppliers on the CCS Supply Teacher Framework.  For agencies that supply into sectors other than education, there could also be an impact on other frameworks.

Joint employment
Under this type of supply model, the recruiter enters into an agreement with another party and between them they provide a joint employment contract to workers and who are supplied to the recruiter’s clients.

REC Audited and REC Audited Education
The REC audit can only be awarded to the Audit applicant and the award will only be made if the applicant can demonstrate that they fulfill all the REC Audited audit criteria. The audit includes an assessment of contracts and policies and other documents as well as an onsite visit, including interviews of staff and file sampling.

Having assessed this joint employment arrangement, we have concluded that as we can only award the audit where the full audit of the business providing the recruitment services has been carried out, we are unable to award an audit to existing audit holders seeking renewal or new applicants where they are providing recruitment services in conjunction with another business which has not been audited. It is important that the integrity of the audit is upheld and that it is only awarded where we can evidence that the recruitment services are being delivered in line with the audit criteria – this is of the upmost importance to end user clients, audit holders and others who rely on the Audited badge.

CCS Supply Teacher Framework
Many REC Audited Education audit holders are also suppliers on the CCS Supply Teacher framework. As an Accredited Body for the framework, we have raised this matter with CCS and they have advised that a joint employment model, is not within the scope of the Supply Teacher Framework.

As all suppliers will have had to demonstrate that they met the required specifications to be awarded a place on the framework initially. It is therefore vital that suppliers take advice regarding any changes to their supply models to ensure that they continue to meet the framework terms for supply.

Employment Agency Standards inspectorate
The REC works closely with Employment Agency Standards inspectorate (EAS) which is part of the government Department for Business, Energy & Industrial Strategy and the body that is responsible for enforcing the relevant recruitment industry legislation.

We have raised this issue with them and can confirm that EAS is currently reviewing the model in light of specific provisions in the Conduct of Employment Agencies and Employment Businesses Regulations 2003. As soon as we have any further information, we will provide an update. 

Support for REC members
If you have any questions about joint employment or the REC Audit, please do get in touch with the REC and we can provide guidance and support to ensure that you remain compliant.

Joint employment queries: legal.services@rec.uk.com

Audit queries: compliance@rec.uk.com