EAT Ruling: Holiday Pay and Overtime
The Employment Appeal Tribunal (EAT) has published its judgment in three cases as to whether holiday pay need take into account non-guaranteed or voluntary overtime. The EAT ruled that it should. Although the ruling is likely to be appealed, it paves the way for multiple claims for unpaid holiday pay, with government estimates that this could […]
HMRC Business Entity Tests scrapped, but what follows?
Responding to news that the HMRC ‘Business Entity Tests’ for the tax rules known as IR35 are to be scrapped, Theresa Mimnagh, of the compliance and recruitment law specialist Lawspeed, said “the test was always surprising as it looked at the contractor’s business rather than the relationship with the hirer, and IR35 is a tax […]
Are standards important?
Attendeesin a packed room at the Recruitment EXPO in Birmingham gave a 100% yes inresponse to the perennial question, “Are standards important to the recruitmentindustry?”. Tothose outside the industry, it may come as a surprise, especially when thegovernment is set on reducing the regulation of agencies, with furtherannouncements expected this month. Ina £25bn per annum […]
More than £10K awarded to agency worker in AWR tribunal ruling
An employment tribunal has awarded an agency worker in excess of £10,000 for a breach of equal pay rights (R.5 & R.6 Agency Workers Regulations 2010), namely to be paid what she would have received had she been recruited directly by the hirer upon completion of the requisite 12 week qualifying period. It concerned a […]
New right to work checks do not apply to many recruitment businesses
Immigration is back in the headlines and closely linked to this is the right to work in the UK. To identify people genuinely entitled to work here from those that may not be, this year in May and July the government issued a raft of guidance notes and codes on the steps that need […]
Lawspeed to speak at ARC event
Adrian Marlowe, MD Lawspeed, will be speaking at a forthcoming workshop hosted by The Association of Recruitment Consultancies (ARC) along side Tim Young, Business Advisory Partner at Baker Tilly and Steven Raize, Corporate Partner at DAC Beachcroft LLP. Suitable for anyone looking to raise funds or planning to exit their recruitment company, this is an […]
Government Review on Travel and Subsistence
Based on the Office of Tax Simplification’s (OTS) report in January, the government has launched a review into the rules underlying the taxation of travel and subsistence expenses. They believe that the current rules do not reflect the changes in working practices and the way that the workforce operates, including the growth of the temporary […]
New restriction on advertising vacancies overseas
The Department of BIS has announced a proposal for a new regulation to prevent recruiters from advertising vacancies within the EEA unless they have also been advertised in English in Great Britain. The new regulation would be included within the revised Conduct of Employment Agencies and Employment Businesses Regulations 2003 (“Conduct Regs”) and would not […]
False Self-Employment: What is control?
A recent tax tribunal case has shed some light on how the control test in the new ‘false self-employment’ legislation, which applies from April 2014, may be interpreted by the courts. This legislation amended is known as ‘the agencies tax legislation’. The issue concerned security guards who were supplied by a business to guard construction […]
Ban on exclusivity clauses in zero hours contracts – level playing field for recruiters
Vince Cable has today announced proposals to bring into law a ban on exclusivity clauses within zero hours arrangements. The target being employers who engage a person on a zero hours contract with no guarantee of work, yet also require workers to be available by restricting individuals from taking up other roles whilst employed. The […]