AWR – end-hirer liable for underpayment of an agency worker

Since the Agency Workers Regulations were introduced on 1st October 2011 very few cases have yet come to Employment Tribunal (the ones that have are detailed here), but in September 2014 an Employment Tribunal found that the end-hirer of the agency worker, not the agency that actually employed the worker, had to compensate the worker

AWR does not cover workers on indefinite assignments

In a substantial case in December 2013 (Moran and Others v Ideal Cleaning Services Ltd and Celanese Acetate Ltd) the Employment Appeal Tribunal said that the Agency Workers Regulations do not cover workers who are on ‘indefinite’ assignments with the end hirer, it only covers Workers who are on ‘temporary’ assignments.
This decision is very

Can an LCC be in scope of the Agency Workers Regulations?

Although many commentators believe that the Agency Workers Regulations (AWR) were not intended to apply to ‘professionals’ with their own limited companies (also called Personal Service Company contractors) it is certainly possible, in specific circumstances, that limited company contractors, working through a recruitment agency, may be in scope of the AWR and so have the right to ‘equal’

Agency Workers have discrimination rights under the AWR

In September 2012 an Employment Tribunal found that an agency worker had discrimination rights and awarded her a large sum of money for disability discrimination and unfair dismissal against the Company she was employed to work at. We look at the details of the case here.

In Pegg v Camden Council, the Tribunal heard

Important AWR case gets to Tribunal

Finally at the end of 2012, over a year after the Agency Workers Regulations were introduced in October 2011, a case about the Swedish Derogation model came to Tribunal. We look at this case and subsequent cases regarding the AWR in our article here.
This case found Recruitment Agency Monarch Personnel Refuelling defending a claim

Agency Workers Regulations so far – the bad

With the first twelve weeks of the AWR finishing on 23rd December 2011 – when in theory all agency workers will have ‘equal’ treatment rights to pay, holidays, hours of work etc. – we take a look at the impact of the Agency Workers Regulations so far – what’s good, bad and downright dodgy!

Agency Workers Regulations so far – the good

With the first twelve weeks of the AWR coming to an end on 23rd December 2011 – when in theory all agency workers will have ‘equal’ treatment rights to pay, holidays, hours of work etc. – we take a look at the impact of the Agency Workers Regulations so far – what’s good, bad and downright dodgy!

What employment status do I have? Your contract may not provide the answer!

Recently, Freelance Advisor reported on the very important Supreme Court 2011 legal judgement on Autoclenz Ltd v Belcher and Others and how this may affect freelancers and contractors who have IR35 concerns. As this case is so important for all employees, workers and freelancers in deciding their employment status, at Workline we thought we’d explain this in more detail.

The case highlights the importance the Courts now give to finding clarity in employment relationships, not by looking at what is written down in a contract, but what is actually happening in the working relationship.

Internships – a good opportunity or a waste of time?

Internships and work placements have been getting some bad press lately. Are they an extremely good experience for both Employers and graduates or potentially unethical exploitation?

How to make your contracts IR35-proof

This is a difficult and potentially time-consuming process. Long-term freelancers will certainly wish to ‘IR35-proof’ their contracts in order to avoid the reduction in earnings. Contracts will need to be checked for each job/project and they should highlight your status as a self-employed professional.

The Swedish Derogation Model – what is it?

The Agency Workers Regulations come into force on 1st October 2011 to bolster the rights of so-called “vulnerable” agency workers – and the Swedish Derogation is being mentioned a lot by Umbrella Companies. What does it mean?

What is a Contractor?

There are 3 basic ways you can be employed in the UK – as an Employee, as a Worker or as Self-Employed/Freelance. However, Contractors can be either a Worker or Freelance, depending on how they are employed on each job. Read on for more information!

Agency Worker Regulations (AWR) – what is it, and what does it mean?

From 1st October 2011, Agency Workers in Great Britain (Northern Ireland will publish their own separate regulations) will have the right to ‘equal treatment’ in certain areas of their employment. We summarise what you need to know!

Am I an Employee, a Freelancer or a Worker? Your employment status

There are three different types of working individuals but deciding someone’s employment status can be complicated as there is no single legal definition. Our advice is updated for 2011.

Here is a quick guide to help you establish your status – if you are an Employee, Worker or Freelance.

The Human Resources Consultancy service for small and medium sized, creative, UK businesses

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