In a newsletter article in October 2009, we reviewed the Government’s final consultation document on the implementation of the European Directive on Conditions for Temporary Workers. The final Agency Workers Regulations 2010 were laid before Parliament on 21 January and come into force on 1 October 2011, leaving over a year for agencies and hirers of agency workers to prepare for the changes.
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Posted January 27th, 2010 | No Comments »
In yet another court decision, this time the Court of Appeal in the case Autoclenz Ltd v Belcher and Others, the efforts by some employers to turn employees into self-employed subcontractors by artificially “window-dressing” the contract.
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Posted October 28th, 2009 | No Comments »
On 15 October, the Department for Business, Innovation and Skills (BIS) published a new consultation document, supported by draft Regulations, which explains, in nearly final form, how the European Directive on Conditions for Temporary Workers will be brought into UK legislation. The following notes update an article, based on the initial May 2009 consultation document, which appeared in this newsletter in May 2009. It must be noted that further changes may yet be made to the draft Agency Workers Regulations 2010 and that these notes do not necessarily describe the final rules.
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Posted October 22nd, 2009 | No Comments »
In May 2009, the Government published a consultation document on the implementation of the European Directive on Agency Workers. The consultation period ended at the end of July.
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Posted August 5th, 2009 | No Comments »
On 8 May 2009, in the case MPG Contracts Ltd v A England (Junior) & Anor, the London Employment Appeal Tribunal (EAT) allowed the employer’s appeal against an Employment Tribunal decision that Mr. England and his son were “workers” for employment rights purposes and therefore entitled to statutory holiday pay.
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Posted May 18th, 2009 | No Comments »
The European Directive on Agency Workers was approved by the EU member states and the European Parliament in December 2008. In principle, the Directive requires that agency workers have the same basic working and employment conditions as they would have done if they had been recruited to do the same job by the business for which they are actually working.
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Posted May 18th, 2009 | No Comments »
On 17 March 2009, in the case Premier Groundworks v Jozsa, the Employment Appeal Tribunal (EAT) allowed an appeal against an employment tribunal decision that Mr. Jozsa was a “worker” and entitled to holiday pay.
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Posted March 30th, 2009 | No Comments »
In 2004, the Court of Appeal ruled that, in the cases Redrow Homes v Roberts and Redrow Homes v Wright, the two bricklayers, working at different Redrow building sites, were required to provide their services personally. As a result, they both fell into the category of “worker” as defined in the Working Time Regulations 1999 (WTR) and were entitled to paid holidays.
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Posted October 20th, 2008 | No Comments »
On 10 June, agreement was reached by the EU Employment and Social Affairs Council on the longstanding issues of the Temporary Agency Workers Directive. The proposals, which have been under discussion since 2002, will provide equality of treatment for temporary workers with workers engaged on full employment contracts.
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Posted June 23rd, 2008 | No Comments »
In a decision given on 2 May 2008 in the case MKM Computing Ltd v Revenue & Customs, the Special Commissioner upheld an HMRC decision that Mr. Ellwood, sole director of MKM Computing (MKM), would have been an employee of London General Holdings (LGH) if his contract had been made directly with LGH.
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Posted May 26th, 2008 | No Comments »
