There are some new rules around redundancy where the employee is pregnant, on maternity leave, adoption leave, or shared parental leave.
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April 2024 sees changes to the rules around paternity leave, flexible working and time off for carers, all of which demand some attention.
Read moreFor 1st April 2024 the national living wage rate has increased from £10.42 to £11.44 per hour. However, this is not the only change taking place .
Read moreFor leave years starting from the 1st of April 2024, businesses are now legally permitted to provide holiday pay on a ‘rolled up’ basis and should calculate leave and pay entitlement at a fixed rate. BUT ONLY FOR irregular hours or part year workers.
Read moreOne 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.
Read moreAfter years of controversy, rolled-up holiday pay is to be allowed for agency workers and others from April 2024, but subject to complex rules on application and calculation. This means that agencies who supply temporary workers will need to get to grips with how the new rules operate. At the same time, more and more agencies are being […]
Read moreHMRC has recently updated guidelines for umbrellas, and individuals who work through an umbrella. There has also apparently been a surge in umbrella accreditation services. Does accreditation actually address the issues identified in the government’s consultation on how to regulate the umbrella company market which was announced earlier this year?
Read moreFollowing 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.
Read moreThe 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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‘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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There is an ongoing consultation on the regulation of the umbrella industry. Proposals within this could have a significant effect on an employment business’s operations and potential liabilities. These include proposals for mandatory due diligence, the transfer of umbrella tax debts and even employment businesses operating as the employer of umbrella workers for tax purposes.
Read moreThe name of the current consultation ‘Tackling non-compliance in the umbrella company market’ suggests that the subject is the regulation of umbrella companies. However, the proposals, if adopted, will directly impact the operations of recruitment supply businesses. Do recruitment businesses want more rules and risks?
Read moreThe government has published the long awaited consultation on regulation of the umbrella industry. Entitled “Tackling non compliance in the umbrella company market” the consultation seeks to address both employment rights abuses and tax non compliance by umbrella companies.
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There have been a few cases in the public eye recently relating to employment status such as the Amazon drivers case which we discussed in April (see article here). This indicates that the ground on which status is based could be shifting, so why is that important for recruiters?
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