Many recruiters are finding themselves in unfamiliar territory with some of their obligations under the Agency Worker Regulations (AWR), in particular the requirement to obtain information on pay and basic working conditions from clients, in order to establish the correct pay for candidates once they have qualified for it. The widely reported problem is that […]
10. The AWR does not apply if the contract started before 1st October 2011 Fact or fiction? Fiction – the AWR applies to all supply after 1st October 2011. It does not matter when the supply began. The weeks worked by an agency worker before this time however, do not contribute to the twelve weeks […]
AWR Myths 1-9 1. Personal Service Company (PSC) contractors are automatically outside of the scope of the AWR Fact or fiction? Fiction – an individual working through a PSC is not automatically outside the scope of the AWR. However, if the individual is ‘carrying on a business undertaking’ and is supplied under the right form […]
The Association of Recruitment Consultancies (ARC) has received a response from the Department for Education (DfE) clarifying the department’s interpretation of R.3(2) of the Agency Workers Regulations (AWR), which allows professionals to be exempted from scope of the AWR. This follows the publication of amended guidance for teachers on the 18th November and inclusion of […]
The nation is set to be hit with widespread strike action tomorrow and as businesses are considering further job and pay cuts across the board, the threat of strike action is likely to continue well into 2012. A staffing agency might therefore expect to be approached by strike-hit organisations, but what does the law say […]
The most commonly encountered discrimination claims are usually on the grounds of disability, race, gender and age. However, there is another area to be alert to – discrimination on the grounds of philosophical or religious belief. This is contained in the Equality Act 2010. The religious belief element is perhaps easier to digest – dismissing […]
The ability to reach out to vast numbers of potential clients at speed is something that most businesses desire. However, entering into the brave new world of social media without a specific social media policy can be akin to strolling onto a battlefield without armour. Both are ill advised. And regardless of your business’ intention […]
The Department for Education has revised its Agency Workers Regulations guidance, first issued in August 2011, to state its view that teachers cannot be outside the scope of the AWR using the professions exclusion at R.3(2). This view is made on the basis that “the relationship between hirers and agency teachers is not a ‘business […]
The weekly countdown to Christmas is already underway, and with it comes the annual headache of planning the staff Christmas party. With the AWR in force, hirers want to know whether or not they will have to hand out invitations to their agency workers. Under the AWR agency workers are granted equal access to […]
A First Tier Tax Tribunal (‘FTTT’) ruling in the matter of John Schofield v HMRC has demonstrated that HMRC does not always apply its statutory powers correctly. The issue lay as to whether HMRC had correctly cancelled Mr Schofield’s gross payment status under the Construction Industry Scheme (“CIS”). The appeal was first heard by the […]
