Following the case of Dacas –v- Brook Street Bureau last year the Employment Appeal Tribunal (EAT) has upheld a decision of an Employment Tribunal that an agency worker, operating through a personal services company, is the employee of the end user company. Although subject to a right to appeal, in the case of Cable and […]
Read moreFollowing the result in the Brook Street v Dacas case earlier this year in the Court of Appeal we are starting to see evidence of temps ‘chancing their arm’ in tribunal claims against end user clients. Two claims have been notified to us in the last three weeks indicating that the Brook Street judgment may […]
Read moreA recent decision by the Employment Appeal Tribunal (EAT) could have significant implications for all agencies placing PAYE temporary workers with clients. The EAT held that a Temp who had worked as a cleaner for a hostel through the agency Brook Street was an employee of Brook Street and was therefore entitled to pursue a […]
Read moreThe Employment Status Review (ESR) was first announced by the government on 11th July last year in document called ‘discussion document on employment status in relation to statutory employment rights.’ The consultation period to reply to this paper has now passed. However, the ESR does offer an interesting insight into the government’s thoughts on the […]
Read moreWhilst many of you have no doubt heard of the proposed Agency Workers Directive (AWD), do you really understand the possible effect this proposal could have on your business and the recruitment sector? The general aim of the AWD is to help the EU “become the competitive and most dynamic knowledge-based economy in the world, […]
Read moreEmployment Tribunals (ETs) have made heavy weather of the provisions in the Working Time Regulations (WTR) relating to holiday pay. No one doubts that workers are entitled to payment, and many agencies include a sum in respect of that pay with normal “wage” payments. Conflicting results have arisen from applications to ETs, on the one […]
Read moreEffective risk management is crucial to businesses of all sizes and is no less important to a recruitment agency when the market is in a downturn. It may be tempting to ignore risk when the times are tough but storing up potentially dangerous liabilities could prove costly in the long term. Contracts An important aspect […]
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