The recent case of JLJ Services Limited v HMRC (2011) has indicated which tests carry the most importance in establishing IR35 status. Mr Spencer, an IT specialist, provided services to Allianz through his own limited company between 2000 and 2007. He was supplied to Allianz through Highams Recruitment Limited, initially to perform project work, but […]
With the Agency Workers Regulations in their infancy, we still await the tribunal cases that will address the significant number of unknowns. One area in which the Association of Recruitment Consultancies has pushed for clarification from the department of Business Innovation and Skills is Regulation 10, the ‘Swedish Derogation’. Specifically, under what conditions could a […]
More and more recruiters are finding themselves forced to sign up to contracts for recruitment services that have been drafted by hirers, often including wide-reaching and sometimes onerous indemnities. With the AWR rights in force, the trend is likely to continue and indemnities are likely to become all the more risky. But not all recruiters […]
Since the AWR came into force, much has been written on R.10 ‘Pay between assignments’ contracts, commonly called the Swedish Derogation (SD), the one available derogation from the basic principle under the regulations, whereby the right to equal pay falls away in return for the employer paying the agency worker for periods when they are […]
In a time of economic struggle where employers are risk adverse; a time of high unemployment and low confidence; there is real opportunity for recruitment companies. Temporary workers may present a solution during difficult times, and having more candidates to choose from may be beneficial to clients. That is of course, unless the traditional pros […]
“We can’t do that anymore because of health and safety.” The above statement may become substantially less common, if the Department for Work and Pensions (DWP) comes good on its word to reduce health and safety regulations by up to half over the next three years. Is this just a political gimmick or a genuinely […]
The Pensions Act 2011 received Royal Assent last November, which means that from 1st October this year, employers will have a legal obligation to automatically enrol ‘eligible jobholders’ onto a qualifying workplace pension scheme. Both employers and eligible jobholders will be required to contribute to that pension unless the jobholder exercises their right to opt […]
Historically recruiters have tended to shy away from supplying workers engaged on a self employed basis, largely due to the potential tax issues that may arise. There has reportedly been a recent surge in the popularity of self employment arrangements in order to avoid the AWR. So should self employment be embraced as a solution […]
The Equality Act was largely a consolidation of existing discrimination legislation, but it also brought in new provisions which may have been overlooked. Since 1st October 2010 is has been unlawful to ask applicants about their health prior to offering employment or placing them into a pool of persons to whom employment may be offered. […]
Recruiters should be aware that restrictions on Bulgarian and Romanian nationals working in the UK will continue until the end of 2013. EU nationals are allowed to work in any EU country under EU law. However EU states are permitted to impose transitional restrictions for up to 7 years where there is threat of serious […]
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