ARC welcomes REC U-turn on supply teachers

The Association of Recruitment Consultancies has welcomed the decision by the REC not to include a prohibition on supply teacher agencies from using the ‘professions’ exemption within the Agency Workers Regulations. Adrian Marlowe, chairman of the ARC, said “Having pursued the issue with both the Department for Education and the REC for a number of […]

Holiday requests

Roll up, roll up. Employers may be concerned that this summer, rather than rolling up their sleeves, workers are rolling up to various sporting events en masse leaving the business understaffed and overwhelmed. 2012 will be providing many high profile events, such as the European Football championships, not to mention the greatest sporting show on […]

Important recruitment law dates for 2012

2011 was an eventful year to say the least, what with the implementation of the AWR and ongoing efforts to limit their impact. The Coalition Government decided that IR35 would not be abolished, much to the disappointment of optimistic freelancers and the Red Tape Challenge opened up a dialogue between business and Government, the outcomes […]

Twitter dispute

Who owns the followers of a Twitter account after a tweeting employee leaves a company? This is the $340k question being asked of an American court, which could set a new precedent and send shockwaves throughout the legal world. In this case, an employee working for a telephone company blogged and tweeted as part of […]

IR35 case law developments

The recent case of JLJ Services Limited v HMRC (2011) has indicated which tests carry the most importance in establishing IR35 status. Mr Spencer, an IT specialist, provided services to Allianz through his own limited company between 2000 and 2007. He was supplied to Allianz through Highams Recruitment Limited, initially to perform project work, but […]

AWOL employee on the Swedish Derogation

With the Agency Workers Regulations in their infancy, we still await the tribunal cases that will address the significant number of unknowns. One area in which the Association of Recruitment Consultancies has pushed for clarification from the department of Business Innovation and Skills is Regulation 10, the ‘Swedish Derogation’. Specifically, under what conditions could a […]

Indemnities

More and more recruiters are finding themselves forced to sign up to contracts for recruitment services that have been drafted by hirers, often including wide-reaching and sometimes onerous indemnities. With the AWR rights in force, the trend is likely to continue and indemnities are likely to become all the more risky. But not all recruiters […]

Using a Swedish Derogation contract – some considerations

Since the AWR came into force, much has been written on R.10 ‘Pay between assignments’ contracts, commonly called the Swedish Derogation (SD), the one available derogation from the basic principle under the regulations, whereby the right to equal pay falls away in return for the employer paying the agency worker for periods when they are […]

Flexible working and the economy

In a time of economic struggle where employers are risk adverse; a time of high unemployment and low confidence; there is real opportunity for recruitment companies. Temporary workers may present a solution during difficult times, and having more candidates to choose from may be beneficial to clients. That is of course, unless the traditional pros […]

Health and safety reforms

“We can’t do that anymore because of health and safety.” The above statement may become substantially less common, if the Department for Work and Pensions (DWP) comes good on its word to reduce health and safety regulations by up to half over the next three years. Is this just a political gimmick or a genuinely […]

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