Tutor Agency inspections – what’s this about?
Recent case law has meant big changes for every Tutor Agency. They must now comply with Regulations applying to Employment Businesses and Employment Agencies. It includes all Tutor Agencies, large or small, VAT registered or not. It’s a 2 step process.
Review how the business operates
Step 1 means that every Tutor Agency must review how they run their business. Are they operating as an Employment Agency or an Employment Business? Perhaps they operate differently for different services – the hybrid business model. An Employment Business when working with parents and guardians. An Employment Business when working with schools and other organisations. You can read more about that here
Step 2 means every Tutor Agency has to make sure that they comply with Employment Agency/Business Regulations.
Compliance
The Oxford dictionary describes compliance as “the practice of obeying rules or requests made by people in authority.” Most businesses comply because of one or more of the following:
• They want to – desire to do things properly
• They know they should – conscience
• They don’t like the consequences of not complying – fear of penalties
Excuses?
It’s easy for any business to put it off. Particularly if it’s something that you’d prefer not to do right now. Maybe it’s time consuming or difficult/ Perhaps we wonder why it needs to be done at all?
We can all find any number of excuses not to do anything. You can only put something off for so long. For Tutor Agencies already on borrowed time for compliance the time to take action is now.
Tutor Agency inspections?
We have spoken to the Employment Agency Standards inspectorate at Department for Business and Trade (DBT) (formerly the Department for Business, Energy and Industrial Strategy (BEIS)), who kindly discussed the current situation regarding Tutor compliance with us. They told us that “It is now well over 2 years since the case law changed (Simply Learning Tutor Agency Ltd and Others v Secretary of State for Business, Energy and Industrial) and Tutor agencies have had sufficient time to understand the changes and how this affects their business, as well as look at the guidance and support which is freely available. Agencies who are members of the Tutor Association have also had an extension of time (to 31 December 2022) to deal with outstanding compliance issues.
In view of this, it is now the Department’s intention to look at the tutor sector again and carry out inspections, which will begin in May 2023. This would normally be an inspection based on a random sample of Tutor Agencies and is likely to also include some agencies who have already been inspected.”
What do Tutor Agency inspections mean for a Tutor Agency?
The Employment Agency Standards (EAS) inspectorate who enforce the Regulations mean business. The EAS feel that Tutor Agencies have had enough time to do what needs to be done. They have now started to carry out Tutor Agency inspections. It’s a random sample of Tutor Agencies but will include some agencies who they’ve inspected before.
What can happen as a result of Tutor Agency inspections??
The EAS have “continued to take a strong line with those employment agencies or employment businesses that are not compliant with the legislation. In the most serious cases of non-compliance, EAS will consider the full range of tools available to it to ensure that the agency is properly held to account for its actions.”
So that includes
• Prohibiting someone from “running, owning, or managing an employment agency/business”. This can be for up to 10 years.
• Court Prosecutions for serious breaches of its legislation. This could mean unlimited fines against the individual involved.
Time to review your compliance.
If you haven’t already confirmed that your Tutor Agency is compliant with those regulations then it’s time to do so.
WE CAN HELP YOU GET READY FOR TUTOR AGENCY INSPECTIONS:
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Business and legal documents
We now have the following of documents available to help you with packs starting at £125 plus VAT:
For Tutor Agencies
TUTIOR AGENCIES – Legal documents for both an EMPLOYMENT AGENCY and an EMPLOYMENT BUSINESS
For Smaller Tutor Agencies who are operating as Employment Businesses
TUTOR AGENCY – Legal documents for an EMPLOYMENT BUSINESS
For Smaller Tutor Agencies who are operating as Employment Agencies
TUTOR AGENCY – Legal documents for an EMPLOYMENT AGENCY
For Tutors
TUTOR HUB – business and legal documents for tutors
For both Tutor Agencies and Tutors
BUSINESS CLARITY CALL – to discuss your business one to one with an expert
BUSINESS CONSULTANCY – CLARITY CALL
We are also launching a new and exciting programme so watch this space!