News

Draft bill threatens worker status and agency supply

One of the key advantages of hiring an agency worker is the very low risk of a claim for employment rights by the worker against the hirer. This position has been challenged many times over the years, but remains legally secure as things stand. Now however there is a new challenge, the Status of Workers Bill, which has recently been proposed by the House of Lords to create a single status for workers as employees, in effect demolishing worker status altogether.

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Are you prepared for an Employment Agency Standards (EAS) inspection?

EAS enforces the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (‘the Regulations’) and is conducting an increased level of inspection, both on a routine basis and in respect of complaints, and routine checks. What does an inspection involve and if inspected, would your business comply with key elements of the Regulations? Businesses can […]

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Roll up, roll up – Holiday pay rules set to change

Following two government consultations on holiday pay in 2023 draft legislation has now been published to change the rules. The current law has been in place since the advent of the Working Time Regulations in 1998 but due to Brexit and the Supreme Court decision in Harpur v Brazel, which caused considerable confusion in practical terms, there has been a need for clarification particularly on the issue for temporary workers including agency workers.

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Options when a client can’t or won’t pay?

Company insolvencies are reported by the Insolvency Service to be at their highest levels since the 2009 financial crisis. Recruitment businesses may be worried about the risk of hirer insolvency or financial difficulty. Where does a business stand if a hirer client is still trading but can’t or won’t pay, and are there steps that can be taken to improve the prospect of recovery?

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The low down on Employment Agency Standards (EAS) inspections of recruitment businesses

The Employment Agency Standards (EAS) is a section of the Department of Business and Trade. It’s responsible for enforcing compliance with the Conduct of Employment Agencies and Employment Business Regulations 2003 (Conduct Regulations) and has extensive powers to ensure recruitment businesses operate within the law. It is currently increasing its inspections of recruitment businesses, here are some points to note.

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Company Opt-Out: What does it mean? Why it’s a win-win

‘Opt out’ refers to a pivotal choice made by both a limited company and the individual working through it when working with a contractor supply agency. In effect it’s an agreement that regulations designed to protect agency workers don’t apply to the contracts put in place. The regulations are the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the “Conduct Regulations”), which impose various obligations on supply agencies to ensure that agency workers are not exploited.

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What is IR35?

IR35 is the common name given to tax legislation which affects how individuals working through PSCs or other intermediaries are taxed. The actual legislation can be found in Chapters 8 & 10 of Part 2 of the Income Tax earnings and pensions act 2003.

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