The case of Hellewell and McArdle v Axa Services Ltd highlighted when an employee (or ex-employee) is not entitled to a bonus – the answer to this being when there is no contractual obligation to do so. The case was heard by the Employment Appeal Tribunal. Two former employees who had been dismissed for gross […]
The Court of Appeal has handed down its judgment in the case of Huitson v HMRC. This case concerned a contractor claimant who was arguing that the Treasury’s retrospective change to the taxation of foreign partnerships was an infringement of his Human Rights. Mr Huitson lived in the UK but provided his IT services through […]
The Agency Workers (Amendment) Regulations 2011 have been published and provide for three small but important amendments to the Agency Worker Regulations 2010 (“AWR”). These amendments relate to the definition of an agency worker, the Swedish Derogation and liability provision in the AWR and have been included to correct existing drafting errors and to address […]
A recent case (NHS Leeds v Mrs J Larner) heard in the Employment Appeal Tribunal (“EAT”) pondered whether a worker, who is away on sickness absence, is entitled to holiday pay if they have not actually submitted a request for the holiday to be carried over before the pay year ends. It was determined that […]
The Department for Education has published final guidance for the application of the Agency Workers Regulations 2010 (“AWR”) on supply teachers and other teaching and support staff. It is available by clicking here The revised guidance provides some assistance in the question of ‘who is the hirer’ although it still leaves areas of uncertainty which the […]
The ruling of the Supreme Court last week reinforces the position that in determining the employment status of an individual, the courts will look beyond contractual terms to see the actual reality of the relationships between the parties. The case involved 20 claimants, all of whom were engaged by Autoclenz as valeters and issued with […]
It has become apparent that a number of agencies are being asked by their clients to use the Swedish Derogation model as a means of limiting client’s liability under the Agency Worker Regulations (“AWR”). But is this really the best solution for all involved? The AWR come in to force on 1st October 2011 and […]
The recent comments of Lord Justice Mummery of the Court of Appeal made in relation to the employment tribunal service (ETS) are to be welcomed, says the Association of Recruitment Consultancies (ARC). It is understood that LJ Mummery, previously president of the Employment Appeal Tribunal, in the course of delivering a judgment also delivered a […]
HMRC’s latest announcement on “pay day by pay day tax relief models” may have unwelcome connotations for the recruitment industry, and could lead to wages inflation according to the Association of Recruitment Consultancies (ARC). HMRC’s announcement is targeted at umbrella companies, employment businesses, labour providers and temporary workers, and addresses tax relief on expenses. This […]
Following a recent meeting between the Association of Recruitment Consultancies and senior representatives at the Department of Business Innovation and Skills (BIS), the government reaffirmed that it has no plans to reintroduce licensing to the recruitment industry as a whole. Licensing does exist to an extent in some areas, for example under the Gangmasters Licensing […]
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