New restriction on advertising vacancies overseas
The Department of BIS has announced a proposal for a new regulation to prevent recruiters from advertising vacancies within the EEA unless they have also been advertised in English in Great Britain. The new regulation would be included within the revised Conduct of Employment Agencies and Employment Businesses Regulations 2003 (“Conduct Regs”) and would not […]
False Self-Employment: What is control?
A recent tax tribunal case has shed some light on how the control test in the new ‘false self-employment’ legislation, which applies from April 2014, may be interpreted by the courts. This legislation amended is known as ‘the agencies tax legislation’. The issue concerned security guards who were supplied by a business to guard construction […]
Ban on exclusivity clauses in zero hours contracts – level playing field for recruiters
Vince Cable has today announced proposals to bring into law a ban on exclusivity clauses within zero hours arrangements. The target being employers who engage a person on a zero hours contract with no guarantee of work, yet also require workers to be available by restricting individuals from taking up other roles whilst employed. The […]
Important changes to flexible working
Don’t fancy working Mondays anymore? Want to work at home, work compact hours or change shift patterns? From 30th June 2014, the right of an employee to request flexible working will be extended. Prior to this date, the right existed only for parents and carers and was largely used to accommodate childcare arrangements. However, it […]
Holiday Pay: Commission ruling leads to confusion
The latest European Court of Justice (ECJ) judgment on holiday pay has caused shockwaves amongst employment lawyers assessing the likely impact and implications. The recruitment sector is likely to be one of many industries that are directly affected by the decision. In Lock v British Gas Trading it was ruled that the commission element of […]
ARC welcomes the government review into late payment, but says more must be done
Following the consultation into payment terms last year ‘Building a responsible payment culture’ business secretary Vince Cable proposed last week that large companies will be required to publish information about their payment practices. The review into this area and the idea that companies should be named and shamed is to be welcomed, says the Association […]
New self employment tax law under fire
At a seminar held by the recruitment law specialist Lawspeed on 15th April in London, the new rules commonly known as ‘the agency tax legislation’, which follow the government consultation ‘onshore intermediaries – false self employment’ came under fire from a packed audience. “What is in no doubt”, explained Adrian Marlowe, MD of Lawspeed which […]
ARC says the announcement on the GLA shift signals imminent proposals to change agency regulations
In an early move in respect of the long awaited amendments to the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (“Agency Regulations”) the government yesterday announced an amendment to the advertising rule and that a further consultation will be issued shortly. The advertising rule is to be changed to force agencies only recruiting from abroad […]
Lawspeed warns agencies against paying workers gross
The new ‘false self employment’ tax legislation applies from 6th April 2014 with no exceptions, leaving those agencies that have arrangements to pay their contractors gross at risk from that date, warns the recruitment law and compliance specialist Lawspeed. Adrian Marlowe, managing director of Lawspeed, explained: “Recruitment agencies contracting directly with hirers are liable for […]
New rules on false self employment released. To hear an analysis on these critical developments, join us and HMRC on 15th April
The government yesterday published the draft Finance (No.2) Bill containing the proposed legislation relating to the future treatment of tax for onshore self-employed contractors. The wording of the operative sections has been amended and provisions relating to the liability of those involved set out. We will be undertaking an analysis of the bill and will […]