Agency Workers

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Good Work, really? – the UK Government’s Response to the Taylor Review

On 7 February the UK Government published its ‘Good Work’ plan, setting out how it intends to take forward the recommendations contained in the Taylor Review of Modern Working Practices published last summer. The Review was tasked with investigating how modern working practices are having an impact on the world of work. The Government’s press … Continue Reading

Employees of one company can be whistleblowers at another – agency workers gain new protections

When it comes to explaining the importance of a new Employment Appeal Tribunal decision, there is nothing quite like a good story. However, the facts in McTigue -v- University Hospitals Bristol NHS Foundation Trust are rather dry and indeed nothing like a good story, so we shall settle instead for the (potentially really quite important) … Continue Reading

The beginning of the end for personal service companies in the UK?

HMRC issued a consultation document on 17 July 2015 to explore options for tightening up IR35, the intermediaries legislation that aims to tackle tax avoidance through disguised employment. IR35 requires individuals working through an intermediary (e.g. a personal service company (PSC)) to pay broadly the same tax and NICs as any other employee, where they … Continue Reading

It’s Official: No Porn on the Clock for US Federal Employees

We’ve all seen the seen warning labels on certain consumer products which cause us to shake our heads—“Do not iron clothes on body” and “Do not eat [Apple iPod shuffle.]”  Well come to find out, federal employees may require similar, seemingly unnecessary instruction—no pornography on government computers or electronic devices.  On February 11, 2015, a … Continue Reading

Teaching agency gives School a hard lesson on UK worker liabilities

The 2010 Agency Worker Regulations require that once an agency worker has been in post for 12 weeks, he should receive the same pay as would a permanent employee of the hirer in the same role.   This is the principle of equal treatment.    Regulation 14(3) makes the agency liable for any breach of equal treatment … Continue Reading

Good news for UK users of non-employed staff

Perhaps recognising a shift in the working world to more flexible models and away from the traditional model of master and servant and then employer and employee, the Tribunals have become increasingly willing not to infer employment contracts on top of notionally arm’s-length contractor arrangements.  Good news for users of agency and consultancy personnel.    Two … Continue Reading

A sigh of relief for UK staffing agencies with workers on long-term assignments; no AWR rights for those placed with clients indefinitely

This month the Employment Appeal Tribunal concluded that a number of agency workers employed by Ideal Cleaning Services Limited and supplied to Celanese Acetate Limited as cleaners for periods of 6 – 25 years did not have rights under the Agency Workers Regulations 2010.     To qualify as an “agency worker” under the AWR an individual … Continue Reading

US Federal Contractors and Subcontractors Beware: Your Affirmative Action Obligations are About to Increase

Days ago, on August 27, 2013, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced a Final Rule which increases the affirmative action obligations of federal contractors and subcontractors, which have been in place for over 40 years, with regard to individuals with disabilities (IWD) and military veterans.  The Final Rule … Continue Reading

The little-known part of the Agency Workers Regulations 2010 that helps put agency workers out of work

Not all fun and frolics for agency workers, as it turns out.  Amendments to the Transfer of Undertakings (Protection of Employment) 2006 and the collective redundancy provisions of the Trade Union and Labour Relations (Consolidation) Act 1992 brought about by the Agency Workers Regulations (“AWR”) mean that an employer is now obliged as part of … Continue Reading