Agency Worker Regulations: Consequences of Non-compliance
The Agency Worker Regulations 2010 (AWR) are designed to protect the rights of agency workers. They ensure that agency workers are entitled to the same basic employment and working conditions as comparable permanent employees of the hirer. The AWR cover a wide range of terms and conditions, including pay, holiday pay, sick pay, pension rights,…
Employment Relations (Flexible Working) Bill
The Employment Relations (Flexible Working) Bill has officially received Royal Assent and will now be officially enshrined in the statute books. This is a big win for employees across the country who have been advocating for more flexible working arrangements. The Bill is an important step towards creating a more modern, adaptable workforce that can…
Joint employment – United Taxis Ltd v Comolly and another
Written by Brabners LLP The issue of “dual” or “joint” employment under UK law is problematic. Although joint employment is a recognised concept in other jurisdictions, notably in the USA, the idea of someone having two employers in respect of the same job does not sit easily under UK law. There have been several…
High Court quashes Government Strike Legislation
Written by JMW Solicitors LLP On Thursday 13 July 2023, the High Court quashed regulations which allowed for workers on strike to be replaced by agency staff. Background Since 1976, it has been illegal for employers to introduce or supply agency staff to replace those workers who are taking part in a strike or official…
Agency Worker Regulations: Navigating and ensuring compliance
Part two of our series on Agency Work Regulations (AWR); an essential piece of legislation directly affecting the umbrella supply chain. As an agency, it is vital to understand your obligations, and those of Umbrella companies, under the AWR and to take steps to ensure the compliance of the umbrella companies you are using. Failure…
Agency Worker Regulations: What do they mean?
The Agency Worker Regulations (AWR) were introduced in the UK in 2010 with the aim of tackling discrimination against agency workers. These regulations also affect agencies, end-clients and umbrella employers, as they all are responsible for ensuring that agency workers are treated fairly and receive the same rights as permanent employees. What are the key…
Government Consultation on Reforms to the Working Time Regulations, Holiday Pay and TUPE
Written by Brabners LLP Background On 10 May 2023, the Department for Business and Trade (DBT) published a policy paper, ‘Smarter regulation to grow the economy’, setting out proposed changes to the Working Time Regulations and holiday entitlement, TUPE and non-compete clauses. The same day saw the government backtracking on its ‘sunset clause’, meaning that…
Government Consultation on Tackling Non-Compliance in the Umbrella Company Market
Written by JMW Solicitors LLP On 6th June 2023 the Government announced its intention to publish a consultation on policy options aimed at regulating umbrella companies and tackling non-compliance in the umbrella company market. The consultation, which has been jointly published by HMRC, HM Treasury and the Department for Business and Trade is seeking views…
Employment Update: The Government’s Proposals
Employment Update: The Government’s Proposals… On 10 May 2023 the UK Government (‘Government’) announced its intention, namely through its policy paper “Smarter regulation to grow the economy”, to change the legal framework surrounding holiday pay entitlement, TUPE consultations and non-compete post termination restrictions. The finer details of the Government’s proposals are further set out…
Brabners discuss the new offence of failure to prevent fraud which has been tabled by the Home Office.
Written by Dan Stowers, Partner and Head of Business Crime and Compliance, Brabners LLP On 11 April 2023 a new offence of ‘failing to prevent fraud’ was tabled by the Government as an amendment to the Economic Crime and Corporate Transparency Bill which is progressing through the House of Lords. The Government’s intention is…