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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The nation is set to be hit with widespread strike action tomorrow and as businesses are considering further job and pay cuts across the board, the threat of strike action is likely to continue well into 2012. A staffing agency might therefore expect to be approached by strike-hit organisations, but what does the law say […]
Read moreThe most commonly encountered discrimination claims are usually on the grounds of disability, race, gender and age. However, there is another area to be alert to – discrimination on the grounds of philosophical or religious belief. This is contained in the Equality Act 2010. The religious belief element is perhaps easier to digest – dismissing […]
Read moreThe ability to reach out to vast numbers of potential clients at speed is something that most businesses desire. However, entering into the brave new world of social media without a specific social media policy can be akin to strolling onto a battlefield without armour. Both are ill advised. And regardless of your business’ intention […]
Read moreThe Department for Education has revised its Agency Workers Regulations guidance, first issued in August 2011, to state its view that teachers cannot be outside the scope of the AWR using the professions exclusion at R.3(2). This view is made on the basis that “the relationship between hirers and agency teachers is not a ‘business […]
Read moreThe weekly countdown to Christmas is already underway, and with it comes the annual headache of planning the staff Christmas party. With the AWR in force, hirers want to know whether or not they will have to hand out invitations to their agency workers. Under the AWR agency workers are granted equal access to […]
Read moreA First Tier Tax Tribunal (‘FTTT’) ruling in the matter of John Schofield v HMRC has demonstrated that HMRC does not always apply its statutory powers correctly. The issue lay as to whether HMRC had correctly cancelled Mr Schofield’s gross payment status under the Construction Industry Scheme (“CIS”). The appeal was first heard by the […]
Read moreThe Agency Workers Regulations (Northern Ireland) 2011 have now been published, completing implementation of the Agency Workers Regulations (“AWR”) across the United Kingdom. Unlike mainland UK, the Regulations will be introduced in Northern Ireland on 5th December 2011, the deadline for implementation required by the Directive. Given that the AWR represents one of the most […]
Read moreAs private sector businesses explore solutions to the AWR is the public sector doing the same? No, not if the Department for Education position is an indicator, says Adrian Marlowe, chairman of the Association of Recruitment Consultancies (“ARC”). Now that the Agency Workers Regulations are in force, understandably both agencies’ and hirers’ minds are focused […]
Read moreThe 1st of October 2011 saw three significant changes affecting employment relationships and the recruitment industry. The long awaited Agency Workers Regulations 2010 (“AWR”) are now in force, the National Minimum Wage has increased and we no longer have a default retirement age. For anyone who is not already fully aware of the AWR and […]
Read moreAutoclenz Limited v Belcher (2011) on the face of it conflicts with the ruling in James v Greenwich (2008) in that in Autoclenz the Court ruled that it is important to look behind the contracts at the actual circumstances, whereas the Court in James ruled that you should not look behind the contracts at the […]
Read moreThe 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 […]
Read moreThe 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 […]
Read moreThe 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 […]
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