What not to wear? Workplace taboo tattoos and the wrong sized heels

It’s commonplace for employers and temporary work agencies to request their workers comply with a dress code that sets out what they can or cannot wear during working hours.  In most situations workers willingly comply, but what can happen when a dress code is ignored, challenged, or seen as a discriminatory expectation?  Two recent situations […]

New case law widens who is or isn’t protected under the Equality Act 2010

A recent Court of Appeal decision in the case Secretary of State for Justice v Windle and Arada has ruled that an employment tribunal can take account of the ‘absence of mutuality of obligation’ (now a common phrase when dealing with employment status disputes and IR35) when deciding whether an individual is an ‘employee’ for […]

New role of Director of Labour Market Enforcement

Yesterday (12/05/2016) the Immigration Bill received Royal Assent and became the Immigration Act 2016. The Act includes measures announced in the Government response to the joint BIS/Home Office consultation on ‘Tackling Exploitation in the Labour Market’ which was published on 12 January 2016. The measures are as follows: Create the role of Director of Labour […]

Managed Service Company (MSC) ruling rings alarm bells

Despite having been introduced in 2007 case law on the MSC legislation (Chapter 9 Part 2 Income Tax [Earnings and Pensions] Act 2003) is relatively scarce. However, a recently published ruling, in  Christianuyi Ltd & Ors v Revenue & Customs, from the First-tier Tax Tribunal should certainly ring alarm bells with any agency or umbrella […]

To blow (or not blow) the whistle?

Have you ever had a candidate approach you with concerns about what has been going on during an assignment? If you have robust contracts in place and follow proper processes and procedures then you should be the first port of call. As you know, it is always best to handle situations like these in an […]

Pulling (one too many) “sickies”– how to deal with malingering employees?

A malingering bus driver at Metroline claimed to be sicker than he really was. It is true that Mr Ajaj suffered an injury at work, following which Occupational Health deemed him unfit for work for some time. However, his employer became suspicious as it believed that there was an inconsistency in the reporting of his […]

Gender Pay Gap reporting requirements could be extended to agency workers

It has been reported that Government Equalities Office (‘GEO’) has confirmed that Gender Pay Gap (‘GPG’) reporting requirements to apply to “employees” in the wider sense, as defined by the Equality Act 2010 (‘EqA’), which may include some agency workers. Essentially, GPG reporting requirements mean that businesses with more than 250 “relevant employees” will be […]

New Lawspeed webinar programme announced

Lawspeed launches its new monthly live webinar programme, offering top quality training on a range of recruitment law topics. Our webinars provide managers, directors and employers in the recruitment sector with practical guidance and useful, clear overviews about current and looming legislation.  The webinars are delivered by our team of legal experts, who have received […]

Bonus Decisions – further support for employer discretion

Bonuses and commission are well established in the recruitment industry culture. The benefits are bountiful. It motivates your consultants and generates income to your business which in turn leads to sometimes sizeable bonus payments to your staff.  Everybody wins. Until the working relationships become strained. Even the most amicable parting of ways tend to have […]

Lawspeed introduces reports on tax advice and models

Lawspeed introduces a series of incisive sector reports, providing recruitment agencies and umbrellas with comprehensive and practical advice on key taxation and legal issues. The reports are designed to provide guidance for recruitment agencies – helping them to make informed decisions and to protect commercial interests.  Increasingly agencies are faced with new and complex tax […]

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