From the 5th January 2015 a
vacant position in Great Britain may not be advertised overseas unless it has
been advertised, in English, in Great Britain at the same time as it is
advertised in the European Economic Area (EEA) or for at least 28 days in
English, in Great Britain before being advertised in the EEA.
This is the result of a new regulation (27A) within the Conduct of Employment Agencies and Employment Businesses Regulations 2003, which has been included following a consultation by the Department of Business, Innovation and Skills (BIS) earlier this year. The restriction which applies to all ‘GB vacancies’ (which are defined as ‘a vacant position the duties of which are ordinarily to be performed in Great Britain’) does not apply if the GB vacancy is for a worker to act solely for and under the control of the agency or employment business itself. For the purposes of this regulation, advertising on a website is taken to be advertising in all places from which the website can be accessed.
There is a defence open to recruiters who fail to comply with the new regulation if it can show that it has reasonable grounds to believe that it would be disproportionate to do so.
Although anticipated in the autumn, BIS recently announced that it would not be consulting on more comprehensive changes to the Conduct Regulations until the New Year and that as a result any proposed changes would not take effect until the new Parliament.