|
|
|
|
|
|
 | Agency Workers to get Employment Rights The government has announced that it has agreed a deal with unions and employers that will see agency workers receiving equal treatment as employees. Equal treatment will mean......
May '08
|
|
|
 | Changes to Conduct Regulations & Agency Standards Enforcement New regulations amend the Conduct of Employment Agencies and Employment Businesses Regulations 2003 ("Conduct Regulations") and introduce provisions that are intended to better protect agency workers with effect from 6th April this year......
March '08
|
|
|
|
|
|
 | HMRC Drops MSC Audit Scheme Following representations put forward by Lawspeed, HMRC and the Treasury has abandoned the idea of introducing an audit scheme in the foreseeable future......
December '07
|
|
|
 | Who could be an MSCP? For an organisation to be an MSCP all that is required is for it to be ......
December '07
|
|
|
|
|
|
 | MSC Approval Schemes Update
For some months there has been speculation that an accreditation
scheme, whereby HMRC will exclude certain organisations that are
accredited from the scope of the MSC legislation, is under
consideration by HMRC. Whilst this may be in the interests of those
organisations that operate as centralised “accountancy” service
providers to workers provided via limited companies, the idea has
always been open to question.
|
|
|
 | MSC Legislation Further Guidance Following the publication of the draft Finance Bill in March 07 there has been considerable speculation concerning the meaning of some of the definitions. In particular the section that excludes organisations that provide accountancy and legal advice allows interpretation that facilitates the suggestion that some service providers to contractors can continue as usual. Does it or doesn't it? September '07
|
|
|
|
|
|
 | 3rd Party Debt Provisions Released Following the consultation announced on 6th December 2006 “Tackling Managed
Service Companies”, the Government has now published its first draft of the
threatened third party liability provisions, making third parties liable for the
tax debts of an MSC. Feb '07
|
|
|
|
|
|
 | 6th December 2006 - Treasury commences consultation on Managed Service Companies On 6th December 2006 the Treasury published a consultation document entitled "Tackling Managed Service Companies". The consultation invites comment on proposed new rules designed to stop certain managed service scheme providers from avoiding tax payments. The proposals could affect recruiters. Treasury invites Lawspeed to participate.
|
|
|
|
|
|
 | Extending paid holiday entitlement Government announces consultation on the increase of paid holiday entitlement under the Working Time Regulations to include public and bank holidays.
|
|
|
|
|
|
 | Cable & Wireless v Muscat Court of Appeal The Court of Appeal upholds the decisions it made in Brook Street Bureau -v- Dacas in 2004 and at the same time finds that a limited company contractor is an employee of the end user. The consequence is that an agency worker and a non employed temp could be held to be an employee of an end user, leaving finance directors and HR in a quandry. May '06
|
|
|
 | Employment Status - Where are we now? The recent trend in court decisions has been to find that there has been an implied contract of employment between the agency worker and the end user client. October '05
|
|
|
 | When is an agency worker an employee? The issue of employment status is rapidly becoming a minefield for recruitment agencies and their clients. Failure to keep up to speed with the constantly changing legal position can prove very costly. July '05
|
|
|
 | Cable & Wireless v Muscat - Agency clients respond Following the case of Dacas -v- Brook Street Bureau last year the Employment Appeal Tribunal (EAT) has upheld a decision of an Employment Tribunal that an agency worker, operating through a personal services company, is the employee of the end user. May '05
|
|
|
 | End User Company held to be the employer of an agency worker Although subject to a right to appeal, in the case of Cable and Wireless –v- Muscat it has been found that express terms in a contract between the agency and the worker cannot affect the existence of an implied employment relationship between the worker and the end user company. April '05
|
|
|
 | Brook Street case opens the door for tribunal claims Following the result in the Brook Street v Dacas case earlier this year in the Court of Appeal we are starting to see evidence of temps ‘chancing their arm’ in tribunal claims against end user clients. Two claims have been notified to us in the last three weeks indicating that the Brook Street judgment may not be as favourable to agencies as first thought. July '04
|
|
|
 | New EAT case poses danger A recent decision by the Employment Appeal Tribunal (EAT) could have significant implications for all agencies placing PAYE temporary workers with clients. February '03
|
|
|
 | DTI's employment status review The Employment Status Review (ESR) was first announced by the government on 11th July last year in document called ‘discussion document on employment status in relation to statutory employment rights.’ |
|
|
 | EU agency workers directive Whilst many of you have no doubt heard of the proposed Agency Workers Directive (AWD), do you really understand the possible effect this proposal could have on your business and the recruitment sector?
|
|
|
 | Working time and holiday pay
Employment Tribunals (ETs) have made heavy weather of the provisions in the Working Time Regulations (WTR) relating to holiday pay.
|
|
|
 | Risk management and insurance Effective risk management is crucial to businesses of all sizes and is no less important to a recruitment agency when the market is in a downturn. |
|
|
 | Employment rights for contractors Clients are becoming increasingly concerned about possible claims for employment rights from limited company contractors and temporary workers supplied through agencies. |
|
|
|
|