Olympic fever has reached us with the recent conclusion of the ticket applications for 2012. Employers are likely to face many staff requesting annual leave to attend the games in 2012. The question is how can employers deal with the numerous and perhaps multiple requests from staff for time off to attend? This applies particularly […]
Databases can be a valuable commercial asset for a recruitment company and generally time and money is invested in their creation and maintenance. The law protects this investment in two ways: copyright and under the Copyright and Rights in Databases Regulations 1997 which created a “database right”. A database will qualify for protection if the […]
The Department of Business Innovation and Skills has published revised guidance to the Agency Workers Regulations 2010 addressing a number of minor inconsistencies in the previous version. One key change is in the area of ‘Pay between assignments’ (Regulation 10 or the Swedish Derogation as it is better known). The guidance now makes clear the […]
A recent case in the Court of Appeal (Owens v Dudley Metropolitan Borough Council) confirms that where a word is undefined in legislation, the courts can look to the ordinary meaning of the word. The case is relatively unconnected to any recruitment issues, as it concerned legislation relating to pensions for teachers in which the […]
There are a number of myths that persist surrounding the Agency Workers Regulations 2010 (“AWR”) and workers who operate through their own personal service company (“PSC”). The first and most prevalent misinformation concerns the use of IR35 tests to establish that an individual is not an agency worker. This is based on the assumption that […]
Employment umbrellas fall within the definition of an Employment Business within the Employment Agencies Act 1973 and will also be temporary work agencies under the Agency Worker Regulations 2010 (“AWR”). However, the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (“Conduct Regulations”) largely do not apply as they do not offer work finding services. […]
The passing of the Agency Worker Regulations 2010 (“AWR”) through parliament was greatly influenced by union pressure on the Government. These regulations are now set to come into force in October 2011. The AWR creates new rights for agency workers to receive the same pay and working conditions as an employee who is directly engaged […]
Our seminar series on the Agency Workers Regulations continues on the 12th July and the 13th September. We have adapted the normal seminar format to create an interactive forum with a strong emphasis on audience participation, providing attendees with the opportunity to put forward their questions, concepts and ideas in addition to receiving careful and considered […]
A recent case between Reed Employment Limited and HMRC has the potential to open the flood gates to claims from agencies for overpaid VAT, and a change to the VAT landscape going forwards. Until 2009, employment businesses were able to gain the benefit of a Staff Hire Concession allowing for VAT not to be chargeable […]
In the period leading up to the publication of the draft AWR guidance, BIS had indicated that it would be preparing specific advice for the teachers and the agencies that supply them. With the final guidance now published it has transpired that separate guidance will not be published and instead there are a few paragraphs […]
