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 […]
There have been recent and noteworthy case law developments regarding holiday entitlement. The specific cases in question concern sick workers, oil-rig workers and airline pilots. However the decisions have implications for other industries. Such as in the case of Russell v Transocean International Resources (2011) where the Supreme Court confirmed that offshore oil-rig workers […]
The Government has confirmed the new benefit rates for 2012-2013. The annual up-rating of benefits will affect State Pensions and most other benefits from the week beginning 9 April 2012. The standard rate of statutory maternity, paternity and adoption pay will increase from £128.73 to £135.45 per week from 1 April 2012. Statutory sick […]
With the Christmas holidays fast approaching, those who have completed their Christmas shopping may turn their thoughts to the exciting and festive topic of annual leave entitlement! There can sometimes be confusion in this area, such as workers expecting entitlement to paid time off over public and bank holidays, or the commonly held view that […]
17. For the professions or business undertaking solution to work, there has to be an absence of supervision and direction Fact or fiction? Fiction – Without any supervision and direction, the individual would not be an agency worker in the first place, and the AWR would not apply. If an agency worker is carrying on […]
How effective are the Transfer of Undertakings (Protection of Employment) Regulations (TUPE)? The Government has announced a ‘call for evidence’ to put forward the case for change. Ed Davey, the BIS Minister for Employment relations has advised the House of Commons that the Red Tape Challenge, the Government’s dialogue with business, has raised concerns that […]
Many recruiters are finding themselves in unfamiliar territory with some of their obligations under the Agency Worker Regulations (AWR), in particular the requirement to obtain information on pay and basic working conditions from clients, in order to establish the correct pay for candidates once they have qualified for it. The widely reported problem is that […]
10. The AWR does not apply if the contract started before 1st October 2011 Fact or fiction? Fiction – the AWR applies to all supply after 1st October 2011. It does not matter when the supply began. The weeks worked by an agency worker before this time however, do not contribute to the twelve weeks […]
AWR Myths 1-9 1. Personal Service Company (PSC) contractors are automatically outside of the scope of the AWR Fact or fiction? Fiction – an individual working through a PSC is not automatically outside the scope of the AWR. However, if the individual is ‘carrying on a business undertaking’ and is supplied under the right form […]
The Association of Recruitment Consultancies (ARC) has received a response from the Department for Education (DfE) clarifying the department’s interpretation of R.3(2) of the Agency Workers Regulations (AWR), which allows professionals to be exempted from scope of the AWR. This follows the publication of amended guidance for teachers on the 18th November and inclusion of […]
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