Legislation

It is important as an employer to keep an eye on the ever changing employment legislation. Below we have provided some useful links and information to help keep you up to date:

 

The Equality Act 2010

This act replaced previous anti-discrimination laws with a single act to make the law simpler and to remove inconsistencies.
The act covers nine protected characteristics, which cannot be used as a reason to treat people unfairly. These are:
 

• age

• disability

• gender reassignment

• marriage and civil partnership

• pregnancy and maternity

• race

• religion or belief

• sex

• sexual orientation 

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For further information please go to the Government website

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IANA / Immigration Rules

It is illegal to employ someone who is not allowed to work in the UK. As an employer, you have a duty to check potential employees' documents, before you employ them, to ensure they have the right to work in the UK. For up to date information, please visit the Home Office Website.

 
 

The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2010

The government has introduced the Conduct Regulations to raise standards within the recruitment industry. Drafted by the DTI, the Conduct Regulations stipulate how recruitment businesses should operate, providing added protection for job seekers and companies using the services of recruiters.

According to the Conduct Regulations, as a client you must be given a contract by the agency or business supplying recruitment services which sets out their terms of business. The recruiter must also confirm the identity of the workseeker, that the worker-seeker has the experience, training and qualifications that you expect for the position and they are willing to work in the position. Agencies and businesses are also required to obtain information about the proposed position from you including information on any risks to health and safety known to you and steps taken to prevent and control such risks.

The Regulations introduce a new obligation on recruitment agencies and businesses to notify you if they obtain information that means the work-seeker is or may be unsuitable. For businesses supplying temporary or contract staff this obligation to you is ongoing during the supply of a temporary worker. In the case of permanent recruiters, they are obliged to notify you if they obtain such information during the first three months after an introduction of a work-seeker. For more information please click here to go to the Conduct Regulations

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Agency Worker Regulations

The Agency Workers Regulations (AWR) is designed to give temporary staff similar rights and benefits as a permanent member of staff.

In its simplest form, the newly introduced Regulations apply to any individual whereby the legislation classifies them as an agency worker.

Once an individual has been classed as an agency worker, the AWR legislation is legally binding and dictates that Temporary Work Agencies (TWA's) must actively document specific information pertinent to the vacancy or assignment.

We have provided an AWR FAQ Sheet which will hopefully answer any questions you may have or alternatively for more information please click here to go to the Government website

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IR35

IR35 is tax legislation that affects all Limited Company Contractors. A contractor who is deemed to be genuinely self-employed by the Inland Revenue (i.e. 'outside IR35') enjoys the advantage of an income out of dividend, which is taxed at a significantly lower rate than Income Tax.

To find out more click here

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WTD

The European Union, Working Time Directive became law in the UK on 1st October 1998 when the Working Time Regulations became effective. The law protects workers health and helps to promote work life balance with regulatory control over working hours, rest breaks, annual leave and night working.
Here is a summary of the regulations;-

Working Hours
Maximum 48 hour week, to be calculated as an average over a period of 17 weeks

Rest Breaks
Minimum 20 minute break, if working a shift of 6 hours or more.

Annual Leave
Minimum of 28 days annual leave.

Night Working
Maximum 8 hours in every 24 hour period to be calculated as an average over a period of 17 weeks.

Please note there may be special conditions for certain groups of individuals such as young workers, people with disabilities and pregnant women or where groups are covered by specific legislation. To review the further information click here

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