Public v Private

A dispute over LinkedIn has led to perhaps the first constructive dismissal case of its kind; the relationship between former HR exec John Flexman and his employer BG Group was tarnished when the individual posted ‘private’ information on his public LinkedIn profile. Mr Flexman handed in his resignation in June 2011, following a disciplinary hearing […]

A Scandinavian derogation

For once this is not an article about a derogation of the Swedish variety! Norway’s largest workers’ organisation, The Norwegian Confederation of Trade Unions (LO) has announced that it will not support the implementation of the EU Temporary Agency Workers Directive which intends to offer agency workers more protection and make it easier for employers […]

The right of substitution – recent developments

‘Personal service’ is an important factor in determining whether various pieces of tax legislation apply, including IR35 and sections 44-47 ITEPA. Two recent cases appear to highlight a possible conflict in approach. 1) HMRC v Talentcore (2011). This case concerns the Agency Worker Tax Rules (sections 44-77 ITEPA). Individuals were supplied to cosmetic companies for […]

“OUT SICK. C U 2MORROW”

According to Dr Cliff Arnall, creator of the equation that calculates the ‘most depressing day of the year’, we are in the midst of a miserable time. This can lead to poor productivity and increased levels of staff sickness. It may therefore be a good idea for employers to review their company sickness absence policies. […]

Student loans boss shows that it pays to be a Limited Company Contractor

The revelation that Ed Lester, Chief Executive of the Student Loans Company, was having his £182,000 salary paid through his own personal service company as part of a tax avoidance scheme has brought such arrangements into the public eye. Whilst the use of such companies is common knowledge to those in the recruitment industry, the […]

Change in annual compensation limits for redundancy and unfair dismissal awards

We are at that time of year when increases in tribunal awards and calculations are due to be applied and this year is no different from any other. The amount an individual can receive if made redundant or unfairly dismissed will increase from 1st February 2012 as follows: The cap on ‘a week’s pay’ used […]

ARC welcomes REC U-turn on supply teachers

The Association of Recruitment Consultancies has welcomed the decision by the REC not to include a prohibition on supply teacher agencies from using the ‘professions’ exemption within the Agency Workers Regulations. Adrian Marlowe, chairman of the ARC, said “Having pursued the issue with both the Department for Education and the REC for a number of […]

Holiday requests

Roll up, roll up. Employers may be concerned that this summer, rather than rolling up their sleeves, workers are rolling up to various sporting events en masse leaving the business understaffed and overwhelmed. 2012 will be providing many high profile events, such as the European Football championships, not to mention the greatest sporting show on […]

Important recruitment law dates for 2012

2011 was an eventful year to say the least, what with the implementation of the AWR and ongoing efforts to limit their impact. The Coalition Government decided that IR35 would not be abolished, much to the disappointment of optimistic freelancers and the Red Tape Challenge opened up a dialogue between business and Government, the outcomes […]

Twitter dispute

Who owns the followers of a Twitter account after a tweeting employee leaves a company? This is the $340k question being asked of an American court, which could set a new precedent and send shockwaves throughout the legal world. In this case, an employee working for a telephone company blogged and tweeted as part of […]

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