Agency Workers

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Auntie looks at the most recent developments with pensions auto-enrolment

Dear Auntie I am the CEO of a medium-sized company, “Up-and-Coming”, which has around 200 employees. I have been reading a lot in the papers recently about the pensions auto-enrolment scheme, but am unsure of how it will impact us, when the...

The Agency Workers Regulations - what are they all about?

Dear Aunty I know the Agency Worker Regulations are coming into force soon but I haven’t had a chance to find out what they are all about.  Please can you give me a quick bullet point guide which I can share with my team and the managers in our...

Hrlaw's Top Tips to stop the Agent turning Employee

Businesses often worry that temporary agency workers have become their employees, particularly if the individual has been working for the company for a number of years and is integrated into the business through access to the same training sessions and...

New Year, New Problems

New year, new problems.. 2010 saw key developments in case law which Ozlem Kulle and Helen Besch outline in their articles. This article highlights key cases that are likely to be decided in 2011. Age discrimination The ECJ is considering in the German...

Employment law under the new coalition government- Top Tips on what employers can expect

Information is now emerging on the changes employers can expect under the Conservative - Liberal Government. ‘The Coalition: Our Programme for Government’ was published on 20 May 2010 and outlines the following principal commitments on employment...

James v Greenwich London Borough Council - The end of the (time) line for agency workers' unfair dismissal claims?

Over the past few years, it has been unclear when an agency worker could be working under an implied contract of employment with the end-user, rather than under any agreement with the recruitment agency.  In 2004, the Court of Appeal held in the case of...

Compensating commercial agents: replacing uncertainty with flexibility?

Since the Commercial Agents Regulations came into effect more than twelve years ago various courts and commentators have wrestled with how to calculate the compensation payable to a terminated agent.  The difficulty lies in the Regulations’...

Tricky Triangles: Top Tips on avoiding claims of employment status in agency work arrangements

For any number of reasons, many would-be employers prefer to hire workers on a temporary basis through agencies rather than employing staff directly. Such workers may, in turn, not be employed by the agency either but rather act as independent contractors,...

Equal Opportunities for Agents?

Over the last eight years, many principals have realised that they cannot afford to ignore the provisions of the Commercial Agents (Council Directive) Regulations 1993 (as amended) when dealing with their agents. However, in concentrating upon the...

To be an employee or a commercial agent, that is the question

Whilst workers may be able to decide easily whether employment or agency suits them best, the English courts and Employment Tribunals have often experienced difficulties in determining which of these two working arrangements applies. A number of tests have...