Are you aware of the risks under whistleblowing legislation?
Agencies that are terminating an agency worker’s assignment as a result of an issue in the workplace should consider whether whistleblowing legislation applies in order to minimise the risk of costly claims. Essentially, “workers” (which is a very wide definition) have certain protections under whistleblowing legislation if they make a “protected disclosure” – e.g. expose […]
Are you responsible for checking that a temporary worker has a right to work in the UK?
October 2016 will see the introduction of a criminal offence for an employee to work when he or she does not have a legal right to do so. Whilst this can be seen as a positive step as it makes the employee responsible for his or her actions, it does not take away the responsibility […]
Finance Act 2016 receives Royal Assent
The Finance Bill 2015 finally received Royal Assent last Thursday 15th September, bringing into law the restrictions on tax reliefs for travel and subsistence expenses (in effect since April 2016), and the Apprenticeship Levy, amongst other things. The Act is based on George Osborne’s (final) budget, and the long delay can be put down to […]
Patchy compliance with UK anti-slavery requirements
From September 2016, businesses with a turnover of ÂŁ36m or more are required by the Modern Slavery Act 2015 (“MSA”) to publish statements on their websites in order to indicate the steps that have been taken to combat modern slavery and human trafficking within their supply chains, yet a recent report by the Thompson Reuters […]
New public sector language requirement
Whilst the recent headlines relating to the public sector have focused on IR35 and potential changes in April 2017, there is also a new requirement from October 2016 to ensure that staff in customer facing roles, including agency workers, speak fluent English (or Welsh). The “fluent English” requirement applies to bodies that carry out functions […]
Do your terms offer you protection if an offer is withdrawn?
An agency that is recruiting candidates to be engaged by a hirer could be faced with a difficult situation if a hirer makes an offer to a candidate that is later withdrawn. This may not only damage the relationship with the candidate but could also result in a costly legal claim, as demonstrated by the […]
Online court could become a reality
A recent review into the court system has recommended the introduction of an online court for straightforward claims of less than ÂŁ25,000 in value, with the intention that claims and evidence could be submitted online for consideration by a judge. Whilst this is just a recommendation, if implemented it could enable parties to submit claims […]
Watch out for claims based on worker status
A number of drivers for Uber, the app based taxi firm, are currently awaiting decisions  from the Employment Tribunal on claims that they are workers rather than self-employed and therefore should receive basic worker rights, such as National Minimum Wage and holiday pay. Whilst Uber drivers use their own vehicles, set their own hours and […]
The GLA moving towards becoming a labour market wide inspectorate with extra police powers by 1st October 2016
Following a government consultation in 2015, the Immigration Bill 2015 received Royal Assent on 12th May 2016 and has now become the Immigration Act 2016 (“the Act”). The Act criminalises those who do not have the right to work in the UK but intend to secure employment, and contains measures to prevent illegal migrants in […]
Flexible working
For most parents the school holidays can be a challenging time, and many employees may be facing difficulties when trying to balance childcare with work commitments. However, this can be just as much of a headache for an employer who has to manage and decide upon specific requests. If not already organised employees may be […]