Ban on non-UK recruitment vacancy advertising
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 […]
ECJ rule that obesity is a disability
Yesterday, the European Court of Justice (ECJ) ruled that obesity, unlike sex, race or age, is not in itself a characteristic which attracts the protection of discrimination laws. However, if severe enough, it could be a type of disability which is protected. This could be the case even where there is no medical condition related […]
Employment tribunal fees challenged in the High Court by trade union ‘Unison’
The costs associated with employment tribunals and any appeals were previously the responsibility of the taxpayer, this was the position until the 29 July 2013 when the Government introduced fees for such claims made to the employment tribunal. This fee scheme was recently brought to the High Court in application for judicial review. The trade […]
Which employment cases are waiting in the wings for 2015?
Here we round up some of the significant employment law decisions expected in 2015, including legal cases pending on the calculation of holiday pay and the interpretation of the AWR. Other notable employment judgments expected in 2015 cover: adjustments for disabled people; the meaning of disability; caste discrimination; age discrimination in retirement; equal pay and […]
Conduct Regulations Announcement
BIS has announced that the anticipated consultation on changes to the Conduct of Employment Agencies and Employment Businesses Regulations 2003 will not be published until the New Year to ensure that there is sufficient time for the consultation to take place (8 to 12 weeks). As a result any changes will be implemented in the […]
EAT sets out further conditions where leave may be carried over
Hot on the heels of the Employment Appeal Tribunal (EAT) ruling that means compulsory overtime must be included in holiday pay calculations when considering ‘normal remuneration’, a second decision has extended the principle relating to the conditions under which a worker is entitled to carry leave over into the following leave year. The Court of […]
ARC welcomes consultation on late payment
Referring to the recently announced consultation “Duty to report on Payment Practices”, the Association of Recruitment Consultancies (ARC) welcomed it as the first step towards addressing certain key issues affecting temporary labour supply chains as well as the broader payments picture. “Since the emergence of the RPO and master vendor model (RPO) within the recruitment […]
ARC steps up campaign on false self-employment rules
Whilst there recently have been a number of complaints about HMRC’s proposed reporting obligations under the new Agencies Tax legislation, the Association of Recruitment Consultancies (ARC) believes the better target for these complaints would be the inherent unfairness within the legislation itself. This unfairness is a subject that ARC has addressed in a campaign launched […]
Do you have commercially strong terms in place? A lesson from case law
The outcome of the case Mploy Group Ltd v Denso Manufacturing UK Ltd reminds employment businesses of the importance of having strong terms in place which are compliant with key legislative requirements and that cover off commercial interests. Mploy Group Ltd “MGL” an employment business, had supplied workers to Denso Manufacturing UK Ltd “DMUK”. DMUK […]
Response to consultation on advertising jobs abroad is announced
As expected the government plans to proceed with the new regulation to ensure that employment agencies and businesses should have to advertise jobs locally if they also intend to advertise for foreign workers to work in UK jobs. The new requirement, which the government hopes to bring into force by the end of this year, […]