It has become apparent that a number of agencies are being asked by their clients to use the Swedish Derogation model as a means of limiting client’s liability under the Agency Worker Regulations (“AWR”). But is this really the best solution for all involved? The AWR come in to force on 1st October 2011 and […]
The recent comments of Lord Justice Mummery of the Court of Appeal made in relation to the employment tribunal service (ETS) are to be welcomed, says the Association of Recruitment Consultancies (ARC). It is understood that LJ Mummery, previously president of the Employment Appeal Tribunal, in the course of delivering a judgment also delivered a […]
HMRC’s latest announcement on “pay day by pay day tax relief models” may have unwelcome connotations for the recruitment industry, and could lead to wages inflation according to the Association of Recruitment Consultancies (ARC). HMRC’s announcement is targeted at umbrella companies, employment businesses, labour providers and temporary workers, and addresses tax relief on expenses. This […]
Following a recent meeting between the Association of Recruitment Consultancies and senior representatives at the Department of Business Innovation and Skills (BIS), the government reaffirmed that it has no plans to reintroduce licensing to the recruitment industry as a whole. Licensing does exist to an extent in some areas, for example under the Gangmasters Licensing […]
IR35 and the AWR are not linked, despite initial indications to the contrary in the first publication of the BIS guidance. The second issue of the BIS guidance has removed reference to IR35 tests following consultation with the Association of Recruitment Consultancies (ARC). Under IR35 a number of tests have been devised to determine the […]
Responding to the ideas contained in the government white paper announced yesterday, the Association of Recruitment Consultancies pointed to the synergy between efficiency of service and the use of specialist resources offered by the recruitment industry. Adrian Marlowe, chairman of the ARC, explained “the plan appears to be to invite private business to quote for […]
An employment tribunal has the power to strike out claims which have no reasonable prospect of success. Employers are able to apply to have claims struck out before the case hearing takes place. A recent case in the Employment Appeal Tribunal (Lockey v East North East Homes Limited) highlighted the difficulties faced by employers when […]
A recent case (The Secretary of State for Business Innovation & Skills v Mr J Studders and others) considered by the Employment Appeal Tribunal, has confirmed that in the vast majority cases there will be no employment relationship between an agency worker and the employment business that supplies them. Only if there are exceptional facts […]
A company has been fined £225,000 and ordered to pay costs of £95,000 after the death of an agency worker under their supervision. The accident occurred during roadside litter-picking, whereby the agency worker pulled out from the verge on which the work was being undertaken to rejoin the main carriageway. The worker’s van was hit […]
Indirect discrimination is where an organisation applies a ‘provision, criterion or practice’ which disadvantages one group of individuals more than another. For example, imposing a requirement that a job is full-time only can indirectly disadvantage women who are more likely to have childcare responsibilities and perhaps require part-time work. This is to be distinguished from […]
