HMRC 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 moreThe Home office has published a new code of practice applicable to employers establishing that an employee has a right to work in the UK. The new code is applicable from 22nd January 2024, and if steps within it are followed should result in an employer having a defence against liability should the employee not have a right to work.
Read moreThe government has published a consultation on once again removing the restriction in R.7 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (‘Conduct Regs’) on employment businesses supplying candidates to cover those taking part in official strike action or other official industrial action.
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 moreCompany insolvencies are reported by the Insolvency Service to be at their highest levels since the 2009 financial crisis. Recruitment businesses may be worried about the risk of hirer insolvency or financial difficulty. Where does a business stand if a hirer client is still trading but can’t or won’t pay, and are there steps that can be taken to improve the prospect of recovery?
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.
Read more‘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.
Read moreIR35 is the common name given to tax legislation which affects how individuals working through PSCs or other intermediaries are taxed. The actual legislation can be found in Chapters 8 & 10 of Part 2 of the Income Tax earnings and pensions act 2003.
Read moreThey are the Conduct of Employment Agencies and Employment Business Regulations 2003, it is a bit of a mouthful so often shortened to the conduct regulations. They can also be known as the agency conduct regulations or the EAA regulations, this being because they flow from the employment agencies act of 1973.
Read moreThere 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 High Court has today ruled that the 2022 repeal of R.7 of the Conduct Regulations, which banned the supply of temporary workers to replace those on official strike action, was unlawful.
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 moreAt the beginning of June, the government published the long-awaited consultation on the regulation of the umbrella industry. However, there is concern that the proposals target employment businesses and hirers rather than umbrella companies, which could negatively affect a vibrant recruitment and contractor supply industry.
Read moreThe government’s consultation on the regulation of the umbrella company market is a current hot topic for supply businesses. The proposals put forward are aimed at regulation of the industry, to address employment rights abuses and tax non-compliance.
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