Potential changes to VAT charging for agencies
A recent case between Reed Employment Limited and HMRC has the potential to open the flood gates to claims from agencies for overpaid VAT, and a change to the VAT landscape going forwards. Until 2009, employment businesses were able to gain the benefit of a Staff Hire Concession allowing for VAT not to be chargeable […]
Lawspeed’s Agency Workers Regulations seminar
Our seminar series on the Agency Workers Regulations continues on the 12th July and the 13th September. We have adapted the normal seminar format to create an interactive forum with a strong emphasis on audience participation, providing attendees with the opportunity to put forward their questions, concepts and ideas in addition to receiving careful and considered […]
Agency Workers Regulations 2010 (“AWR”) & Teachers
In the period leading up to the publication of the draft AWR guidance, BIS had indicated that it would be preparing specific advice for the teachers and the agencies that supply them. With the final guidance now published it has transpired that separate guidance will not be published and instead there are a few paragraphs […]
IR35 victory for contractor
It has been reported this month that a contractor has won a significant victory in an IR35 case, in which the contractor escaped a tax bill of as much as £50,000. Although the contractor was successful in appealing against the determination, the sheer size of the figures involved means that it is perhaps worthwhile revisiting the […]
‘Modern Workplaces’ consultation published
On 17th May 2011, the Department for Business, Innovation and Skills published a new consultation entitled ‘Modern Workplaces’. The consultation focuses on the Government’s plans for flexible, family-friendly employment practices. There are four key elements covered in the consultation: a system of flexible parental leave, a right for all employees to request flexible working, changes […]
Ban of Twitter in the workplace
The Telegraph reported this month that 48% of companies have now banned Twitter in the workplace. This would appear to be management responding to (a) the impact on productivity that social media distractions can cause; and (b) the fear that employees may post inappropriate content. Whilst technical measures can be taken to ensure that employees […]
Negligent references
A recent High Court case has highlighted that giving negligent references or statements about former or departing employees to their potential new employers can result in claims and awards of compensation. You should be careful when giving references or indeed making general statements about former employees. It is well established in case law that an […]
Drugs in the workplace
We have recently been asked a number of questions about drug testing of employees and agency workers. There are numerous and complex legal issues to bear in mind, and we provide here a brief overview. Drug abuse in the workplace Abuse of controlled substances is of course a criminal offence, and it would appear to […]
Notice takes effect the day after it is given
The date on which notice is given to an employee is important as it will determine when the employment will terminate, which in turn will be the date at which the 3 months time limit to bring a claim at the Employment Tribunal will begin to run. This may be of particular relevance where the […]
Whistleblowing – what employers should know
‘Whistleblowing’ is the figurative word used for instances where an employee or worker discloses suspected occurrences of wrongdoing or malpractice within their employer organisation. An individual who does ‘blow the whistle’ will be protected in legislation from being dismissed or suffering a detriment as a result of their disclosure and claims in this area can […]