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 […]
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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 […]
Read moreThe 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 […]
Read moreIt 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 […]
Read moreThe 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 […]
Read moreHMRC’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 […]
Read moreFollowing 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 […]
Read moreIR35 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 […]
Read moreResponding 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 […]
Read moreAn 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 […]
Read moreA 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 […]
Read moreA company has been fined £225,000 and ordered to pay costs of £95,000 after the death of an agency worker under their supervision. The accident occurred during roadside litter-picking, whereby the agency worker pulled out from the verge on which the work was being undertaken to rejoin the main carriageway. The worker’s van was hit […]
Read moreIndirect discrimination is where an organisation applies a ‘provision, criterion or practice’ which disadvantages one group of individuals more than another. For example, imposing a requirement that a job is full-time only can indirectly disadvantage women who are more likely to have childcare responsibilities and perhaps require part-time work. This is to be distinguished from […]
Read moreOlympic 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 […]
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