IR35 and the AWR are not linked, despite initial indications to the contrary in the first publication of the BIS guidance. The second issue of the BIS guidance has removed reference to IR35 tests following consultation with the Association of Recruitment Consultancies (ARC). Under IR35 a number of tests have been devised to determine the […]
Responding to the ideas contained in the government white paper announced yesterday, the Association of Recruitment Consultancies pointed to the synergy between efficiency of service and the use of specialist resources offered by the recruitment industry. Adrian Marlowe, chairman of the ARC, explained “the plan appears to be to invite private business to quote for […]
An employment tribunal has the power to strike out claims which have no reasonable prospect of success. Employers are able to apply to have claims struck out before the case hearing takes place. A recent case in the Employment Appeal Tribunal (Lockey v East North East Homes Limited) highlighted the difficulties faced by employers when […]
A recent case (The Secretary of State for Business Innovation & Skills v Mr J Studders and others) considered by the Employment Appeal Tribunal, has confirmed that in the vast majority cases there will be no employment relationship between an agency worker and the employment business that supplies them. Only if there are exceptional facts […]
Employment umbrellas fall within the definition of an Employment Business within the Employment Agencies Act 1973 and will also be temporary work agencies under the Agency Worker Regulations 2010 (“AWR”). However, the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (“Conduct Regulations”) largely do not apply as they do not offer work finding services. […]
The passing of the Agency Worker Regulations 2010 (“AWR”) through parliament was greatly influenced by union pressure on the Government. These regulations are now set to come into force in October 2011. The AWR creates new rights for agency workers to receive the same pay and working conditions as an employee who is directly engaged […]
Olympic fever has reached us with the recent conclusion of the ticket applications for 2012. Employers are likely to face many staff requesting annual leave to attend the games in 2012. The question is how can employers deal with the numerous and perhaps multiple requests from staff for time off to attend? This applies particularly […]
Databases can be a valuable commercial asset for a recruitment company and generally time and money is invested in their creation and maintenance. The law protects this investment in two ways: copyright and under the Copyright and Rights in Databases Regulations 1997 which created a “database right”. A database will qualify for protection if the […]
The Department of Business Innovation and Skills has published revised guidance to the Agency Workers Regulations 2010 addressing a number of minor inconsistencies in the previous version. One key change is in the area of ‘Pay between assignments’ (Regulation 10 or the Swedish Derogation as it is better known). The guidance now makes clear the […]
A recent case in the Court of Appeal (Owens v Dudley Metropolitan Borough Council) confirms that where a word is undefined in legislation, the courts can look to the ordinary meaning of the word. The case is relatively unconnected to any recruitment issues, as it concerned legislation relating to pensions for teachers in which the […]
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