1. Scope of our role
The legal duties that apply depend on the service model and contract. Where the company acts as an employment agency, employment business, employer, payroll service provider or operational adviser, the relevant responsibilities will be identified in writing. We do not describe an advisory or administrative engagement as transferring a client’s statutory duties unless the law and contract permit it.
2. Recruitment conduct
Where the Employment Agencies Act 1973 and Conduct of Employment Agencies and Employment Businesses Regulations 2003 apply, processes will address terms with work-seekers and hirers, assignment information, required checks, records and restrictions on fees or deductions. Employment businesses must also meet applicable requirements for Key Information Documents and payment of temporary workers.
3. Worker identity and suitability
- obtain sufficient information about the role, location, hours, pay, duration, qualifications and known health and safety risks
- take proportionate steps to confirm identity, experience, qualifications and authorisations required for the role
- complete right-to-work checks using the current Home Office process where responsibility falls within scope
- record follow-up dates for time-limited permission
- apply checks consistently and without unlawful discrimination
4. Worker rights and pay
Relevant arrangements must take account of the National Minimum Wage, Working Time Regulations 1998, holiday entitlement, lawful deductions, pension auto-enrolment, statutory payments and written information requirements. Agency worker equal-treatment rights under the Agency Workers Regulations 2010 must be monitored where applicable.
5. Equality and fair recruitment
Selection criteria must relate to the role. Requests that would result in unlawful discrimination will not be followed. Reasonable adjustments will be considered, health information will be requested only where lawful and necessary, and personal information will be handled in accordance with data protection law.
6. Payroll and tax status
Employment status, tax treatment, PAYE operation and any off-payroll working responsibilities must be assessed by the party legally responsible. Payroll support relies on timely, complete and authorised information. We do not promote arrangements intended to disguise employment, avoid tax unlawfully or make prohibited deductions.
7. Labour supply chain
Clients and suppliers may be subject to due diligence covering company identity, ownership, financial crime risk, right-to-work practice, worker pay, modern slavery, insurance, data protection and any sector licence. Agriculture, horticulture, shellfish gathering and food processing or packaging may require labour-provider licensing, and regulated care activity may require separate registration.
8. Records and audit
Material instructions, checks, worker terms, assignment details, payroll approvals and exceptions are recorded and retained for the applicable period. Clients and suppliers are expected to provide accurate information and cooperate with reasonable audit or compliance enquiries.
9. Advice and escalation
The company provides operational support within the agreed scope, not legal, immigration, tax or regulatory advice. Ambiguous or high-risk issues are paused and referred to the responsible client contact or an appropriately qualified adviser. Concerns may be reported to info@motionworkforcesolutions.com.