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 […]
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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 […]
Read moreA 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 […]
Read moreThere are a number of myths that persist surrounding the Agency Workers Regulations 2010 (“AWR”) and workers who operate through their own personal service company (“PSC”). The first and most prevalent misinformation concerns the use of IR35 tests to establish that an individual is not an agency worker. This is based on the assumption that […]
Read moreEmployment 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. […]
Read moreThe 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 […]
Read moreOur seminar series on the Agency Workers Regulations continues on the 12th July and the 13th September. We have adapted the normal seminar format to create an interactive forum with a strong emphasis on audience participation, providing attendees with the opportunity to put forward their questions, concepts and ideas in addition to receiving careful and considered […]
Read moreA recent case between Reed Employment Limited and HMRC has the potential to open the flood gates to claims from agencies for overpaid VAT, and a change to the VAT landscape going forwards. Until 2009, employment businesses were able to gain the benefit of a Staff Hire Concession allowing for VAT not to be chargeable […]
Read moreIn the period leading up to the publication of the draft AWR guidance, BIS had indicated that it would be preparing specific advice for the teachers and the agencies that supply them. With the final guidance now published it has transpired that separate guidance will not be published and instead there are a few paragraphs […]
Read moreIt has been reported this month that a contractor has won a significant victory in an IR35 case, in which the contractor escaped a tax bill of as much as £50,000. Although the contractor was successful in appealing against the determination, the sheer size of the figures involved means that it is perhaps worthwhile revisiting the […]
Read moreOn 17th May 2011, the Department for Business, Innovation and Skills published a new consultation entitled ‘Modern Workplaces’. The consultation focuses on the Government’s plans for flexible, family-friendly employment practices. There are four key elements covered in the consultation: a system of flexible parental leave, a right for all employees to request flexible working, changes […]
Read moreThe Telegraph reported this month that 48% of companies have now banned Twitter in the workplace. This would appear to be management responding to (a) the impact on productivity that social media distractions can cause; and (b) the fear that employees may post inappropriate content. Whilst technical measures can be taken to ensure that employees […]
Read moreA recent High Court case has highlighted that giving negligent references or statements about former or departing employees to their potential new employers can result in claims and awards of compensation. You should be careful when giving references or indeed making general statements about former employees. It is well established in case law that an […]
Read moreWe have recently been asked a number of questions about drug testing of employees and agency workers. There are numerous and complex legal issues to bear in mind, and we provide here a brief overview. Drug abuse in the workplace Abuse of controlled substances is of course a criminal offence, and it would appear to […]
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