# Can my recruitment agency charge this fee? Seven questions on candidate and transfer fees > Seven questions on who pays, what the fee is for and when the worker starts, leading to one of eight outcomes with the section or regulation behind each. - Page to cite: https://aeolookup.com/recruitment/can-my-recruitment-agency-charge-this-fee-seven-questions/ - Publisher: AEO Lookup (https://aeolookup.com/) - Section: Recruitment agencies, AWR, right to work and the Conduct Regulations - Published 2 October 2026 - Key fact: We wrote this questionnaire of 7 questions and 8 outcomes from the rules set out in 3 of our guides and the sources each outcome names. Five of the eight outcomes stop the fee or hold it back. No route asks more than four of the seven questions, and a transfer fee where the client passes the worker to a third party takes three, because the question about extended hire is skipped. - Sources: Employment Agencies Act 1973, section 6, read on legislation.gov.uk on 1 October 2026; GOV.UK, Employment agencies and businesses, read 2 October 2026; Conduct Regulations 2003, regulation 26, read on legislation.gov.uk on 1 October 2026; Conduct Regulations 2003, regulation 5(1), read on legislation.gov.uk on 1 October 2026; GOV.UK, Providing non work-finding services, read 2 October 2026; Conduct Regulations 2003, regulations 5(2) and 13, read on legislation.gov.uk on 1 October 2026; GOV.UK, Providing non work-finding services, read 2 October 2026; Conduct Regulations 2003, regulations 5 and 13, read on legislation.gov.uk on 1 October 2026; GOV.UK, Providing non work-finding services, read 2 October 2026; Conduct Regulations 2003, regulation 10(1) and (7), read on legislation.gov.uk on 1 October 2026; GOV.UK, Fees to hiring companies (transfer fees), read 2 October 2026; Conduct Regulations 2003, regulation 10(4) to (7), read on legislation.gov.uk on 1 October 2026; Conduct Regulations 2003, regulation 10, read on legislation.gov.uk on 1 October 2026; GOV.UK, Fees to hiring companies (transfer fees), read 2 October 2026; each outcome names its source, and the linked guide shows the working. A consultant wants to add a charge: a registration fee, a CV rewrite, a training course, or a fee because a client is keeping a temp. Whether it can be charged depends on who pays and what for. This questionnaire asks up to four questions and gives the one rule that decides it, with the next step. Fees to candidates turn on section 6 of the Employment Agencies Act 1973 and regulations 5, 13 and 26 of the Conduct Regulations 2003. Fees to a client for a temp turn on regulation 10. We read the legislation on 1 October 2026 and GOV.UK's guide for agencies on 2 October 2026. It covers England, Wales and Scotland, and nothing you choose leaves the page. **Free tool on the page:** Agency fees: can this one be charged. It runs in the browser at https://aeolookup.com/recruitment/can-my-recruitment-agency-charge-this-fee-seven-questions/#tool and asks for no sign-up. ## The questions, and why each is asked **1. Who would pay the fee?** The law treats the two sides differently. Section 6 of the Employment Agencies Act 1973 restricts fees to people looking for work; regulation 10 of the Conduct Regulations 2003 restricts fees to a client that keeps a temp. **2. What is the fee for?** Section 6 bans any fee for finding or trying to find a person work. Other services can be charged for on conditions, and regulation 26 makes an exception for the occupations in Schedule 3. This question appears only when an earlier answer makes it relevant. **3. Can the candidate be put forward for work without buying the service?** Regulation 5(1) of the Conduct Regulations 2003 says work-finding must not be made conditional on the candidate using another paid service or buying goods. This question appears only when an earlier answer makes it relevant. **4. Has the candidate had written notice of the fee and the right to cancel, in a separate document?** Regulation 13 requires notice of the fee, who it is paid to, what it covers, the right to cancel and any refunds. GOV.UK says the terms go in a separate document, given before the service starts. This question appears only when an earlier answer makes it relevant. **5. What does the client want to do with the worker?** Regulation 10 covers three events: the client employs the worker, the client keeps the worker through another employment business, or the client introduces the worker to someone else who employs them. This question appears only when an earlier answer makes it relevant. **6. Do your terms with the client offer an extended period of hire instead of the fee?** Regulation 10(1) makes a transfer fee term unenforceable unless the contract lets the hirer choose, by notice, a hire period of a stated length instead. GOV.UK says the choice is not needed for a third-party fee. This question appears only when an earlier answer makes it relevant. **7. Does the worker start the new arrangement inside the regulation 10 period?** The period is whichever ends later: 8 weeks from the day after the worker last worked for the client through you, or 14 weeks from the first day. A gap of more than 42 days restarts the 14 weeks. This question appears only when an earlier answer makes it relevant. ## Every outcome, and the rule behind it ### No: a fee for finding work is a criminal offence Reached when: "What is the fee for?" answered "Registering, staying on the books, or finding work". Section 6 of the Employment Agencies Act 1973 bans an agency or employment business from requesting or receiving, directly or indirectly, any fee from a person for finding or trying to find them work. That covers a registration fee, a fee to stay on the books and a sum taken from the first week's pay. Breaking the section is an offence punished by a fine. The only exception is for the entertainment, modelling and sports occupations in Schedule 3 to the Conduct Regulations 2003. - Take the fee out of your registration forms, terms and adverts. - Tell every consultant that finding work is free to the candidate, whatever the fee is called. Source: Employment Agencies Act 1973, section 6, read on legislation.gov.uk on 1 October 2026; GOV.UK, Employment agencies and businesses, read 2 October 2026. The working is in [Can a recruitment agency charge candidates a fee? What section 6 bans, what you may charge for, and what happens if you get it wrong](https://aeolookup.com/recruitment/can-a-recruitment-agency-charge-candidates-fees/). ### Only as commission from earnings, and only if the hirer pays nothing Reached when: "What is the fee for?" answered "Finding work as a performer, model or sports professional". Regulation 26 of the Conduct Regulations 2003 lifts the section 6 ban for an employment agency finding work in the occupations listed in Schedule 3, which include performers, photographic and fashion models and professional sports people. The fee can normally only be a charge or commission paid out of the person's earnings from work the agency found. The exception does not apply where the agency, or anyone connected with it, also charges the hirer for the same introduction. - Check the occupation against Schedule 3 before any fee is quoted. - Charge the candidate or the hirer for an introduction, never both. - Read GOV.UK's separate guide for entertainment and modelling agencies before taking any fee up front. Source: Conduct Regulations 2003, regulation 26, read on legislation.gov.uk on 1 October 2026. The working is in [Can a recruitment agency charge candidates a fee? What section 6 bans, what you may charge for, and what happens if you get it wrong](https://aeolookup.com/recruitment/can-a-recruitment-agency-charge-candidates-fees/). ### No: finding work cannot depend on buying the service Reached when: "Can the candidate be put forward for work without buying the service?" answered "No, they must buy it first". Regulation 5(1) of the Conduct Regulations 2003 bans an agency or employment business from making its work-finding services conditional on the candidate using another paid service, or hiring or buying goods, whether from the agency or from anyone connected with it. A course, a uniform or a CV rewrite that a candidate must pay for before being put forward is caught. GOV.UK says the same: you cannot make using other services a condition of finding work for someone. - Put the candidate forward whether or not they buy the service. - Remove any wording that ties registration or shifts to the purchase. - Offer the service again only as an extra the candidate can refuse. Source: Conduct Regulations 2003, regulation 5(1), read on legislation.gov.uk on 1 October 2026; GOV.UK, Providing non work-finding services, read 2 October 2026. The working is in [Can a recruitment agency charge candidates a fee? What section 6 bans, what you may charge for, and what happens if you get it wrong](https://aeolookup.com/recruitment/can-a-recruitment-agency-charge-candidates-fees/). ### Not yet: give the fee notice and the separate terms first Reached when: "Has the candidate had written notice of the fee and the right to cancel, in a separate document?" answered "No, or not in a separate document". An optional service can be charged for, but regulation 13 of the Conduct Regulations 2003 requires notice first: the amount of the fee or how it is worked out, who it is paid to, what it covers, the right to cancel and any refunds. Regulation 5(2) lets the candidate cancel at any time without penalty on five business days' notice, or ten business days for living accommodation. GOV.UK says the terms go in a separate document, given before the service starts. - Write the notice as its own document, apart from the work-finding terms. - Give it to the candidate before the service starts and keep a dated copy. - State the notice period: five business days, or ten for accommodation. Source: Conduct Regulations 2003, regulations 5(2) and 13, read on legislation.gov.uk on 1 October 2026; GOV.UK, Providing non work-finding services, read 2 October 2026. The working is in [Can a recruitment agency charge candidates a fee? What section 6 bans, what you may charge for, and what happens if you get it wrong](https://aeolookup.com/recruitment/can-a-recruitment-agency-charge-candidates-fees/). ### Yes: an optional service on proper notice can be charged for Reached when: "Who would pay the fee?" answered "A candidate or a temp". Section 6 of the Employment Agencies Act 1973 bans fees for finding work, not fees for other services, and GOV.UK names CV writing and transport to jobs as examples. With the service optional and the notice given, the charge is allowed. Under regulation 5(2) of the Conduct Regulations 2003 the candidate can still cancel without penalty on five business days' notice, ten for living accommodation. A new or changed fee needs a further notice under regulation 13(3), and a fee taken from wages must follow the National Minimum Wage rules. - Accept a cancellation on paper or by email, without a charge. - Give a further notice before any change to the fee. - If the fee comes out of pay, check what is left against the minimum wage. Source: Conduct Regulations 2003, regulations 5 and 13, read on legislation.gov.uk on 1 October 2026; GOV.UK, Providing non work-finding services, read 2 October 2026. The working is in [Can a recruitment agency charge candidates a fee? What section 6 bans, what you may charge for, and what happens if you get it wrong](https://aeolookup.com/recruitment/can-a-recruitment-agency-charge-candidates-fees/). ### No transfer fee: the terms did not offer extended hire Reached when: "Do your terms with the client offer an extended period of hire instead of the fee?" answered "No, the terms only state a fee". Regulation 10(1) of the Conduct Regulations 2003 makes a transfer fee term unenforceable unless the contract lets the hirer choose, by notice, an extended period of hire of a length the contract states instead of the fee. Without that choice no fee can be charged when the client takes the worker on or keeps them through another agency, whatever the dates. Regulation 10(7) bans asking for a payment the agency is not entitled to, and GOV.UK says hirers can recover fees paid against the rules. - Do not send a transfer fee invoice for this worker. - Have a solicitor add the extended-hire choice, with its length, to the terms before the next supply. Source: Conduct Regulations 2003, regulation 10(1) and (7), read on legislation.gov.uk on 1 October 2026; GOV.UK, Fees to hiring companies (transfer fees), read 2 October 2026. The working is in [Temp-to-perm transfer fees](https://aeolookup.com/recruitment/temp-to-perm-transfer-fee-rules-conduct-regulations/). ### No transfer fee: the regulation 10 period has ended Reached when: "Does the worker start the new arrangement inside the regulation 10 period?" answered "No, the start date is after the period ends". Under regulation 10(4) and (5) of the Conduct Regulations 2003 a transfer fee term cannot be enforced where the worker starts after the end of the relevant period. That period is whichever ends later: 8 weeks beginning the day after the worker last worked for the client through you, or 14 weeks beginning the first day they did. A gap of more than 42 days between assignments restarts the 14 weeks. The limit applies to temp-to-perm, temp-to-temp and third-party fees alike. - Check both dates against the timesheets, counting the 8 weeks from the day after the last shift. - Do not invoice: regulation 10(7) bans requesting a payment you are not entitled to. Source: Conduct Regulations 2003, regulation 10(4) to (7), read on legislation.gov.uk on 1 October 2026. The working is in [Recruitment fee and rebate calculator](https://aeolookup.com/recruitment/recruitment-fee-and-rebate-calculator/). ### Yes: the transfer fee can be charged, with the client's choice where it applies Reached when: any other set of answers. Regulation 10 of the Conduct Regulations 2003 allows the fee where the worker starts inside the relevant period: the later of 8 weeks from the day after the last day worked for the client through you, and 14 weeks from the first day. Where the client takes the worker on itself or through another agency, your terms offered an extended period of hire and the client may still choose it instead of paying. Where the client passes the worker to a third party, GOV.UK says that choice need not be offered. - Unless the worker went to a third party, ask the client in writing to choose between the fee and the extended hire. - If it chooses the extension, supply the worker for the whole period on terms no worse than before. - Write both regulation 10 dates and the worker's new start date on the file. Source: Conduct Regulations 2003, regulation 10, read on legislation.gov.uk on 1 October 2026; GOV.UK, Fees to hiring companies (transfer fees), read 2 October 2026. The working is in [Temp-to-perm transfer fees](https://aeolookup.com/recruitment/temp-to-perm-transfer-fee-rules-conduct-regulations/). ## How to use the result Run it before the fee goes into terms, an advert or an invoice. A no means the fee is an offence to ask for or cannot be enforced, so take it out. For a transfer fee, work out both regulation 10 dates from the timesheets before you answer the last question. The fee for a permanent placement is not covered, because no regulation sets it: it is whatever the terms the client accepted say. Have a solicitor check the wording of any clause the outcome tells you to add. The outcome applies the rule to the answers given; it cannot see the facts behind them. Where an answer is a judgement, or the facts are unusual, the outcome may not fit. This page is general information, not legal advice. Overlyft ![](https://aeolookup.com/img/d/ours-badge.png) sets up AI assistants for recruitment agencies: they prepare drafts for a person to approve. None of these outcomes depends on them. --- ![](https://aeolookup.com/img/d/owner-line.png) General information for UK small firms, not legal, tax or financial advice.