Recruitment Matters Issue 33 April 2015
Employee or worker? Clarity sought on employment status
The 2-3 Intelligence and REC Talk Temporary work pays, recruiters back in profits and what is the 8th habit
an 4-5Keeping eye on Legal
research that as a result of piecemeal changes to employment laws over a period of time there is significant uncertainty on the part of many employees and workers, and among some employers on the issue of employment status and associated employment rights,” she says. “Greater clarity on employment status and consideration of a simplified ‘one-stop-shop’ approach to enforcement will help reduce legal ambiguity and support better work and working lives.” If any changes are recommended, it is expected they will be looked at by Parliament following May’s General Election.
Equa Act lityyment plo
RC
should be referred to the employment business to deal with,” he says. “Ultimately it will be for an Employment Tribunal to decide whether an employment relationship has been created; however, you must ensure that the contracts in place genuinely and accurately reflect the actual relationship between all parties and that the actual relationship is not operating in such a way as to create a direct relationship between the worker and the client.” The review has been welcomed by many in the industry. CIPD deputy chief executive Susannah Clements hopes it will offer clarity. “We know from our
Em eal App unal Trib
H an oli d day Co p m ay m is si on
Alamy
With 2015 an important year for recruitment law, the head of Legal Services explains all
HM
Agencies are being advised to consider the employment status of candidates when it comes to disciplinary matters. Both the Department for Business, Innovation and Skills (BIS) and the Office of Tax Simplification (OTS) have launched reviews into employment status. Individuals are divided into employees, workers and the self-employed, each with their own set of rights. The review will look at whether the statuses need updating to fit with current workplace practices. An issue that continues to arise is who is responsible for disciplining temporary workers – their agency or the organisation they’re working for? Recruitment & Employment Confederation legal adviser Chris Cuckney says a grey area exists with workers who enjoy similar privileges to employees. But he says agencies carry responsibility for the most part. “If a client has any issues or complaints about a temporary worker, they
What’s inside
Conduct
U Regulations b com mprella ani es
6Legal lowdown
Meet the Legal Services team and discover how the Legal Helpline can help REC members
Institute of 7 Recruitment Professionals Francesca Piccolo from Resourcing Group and Sarah Thewlis from Thewlis Graham Associates
and 8 Events Training Sign up for a legal course, check out the Scale Up Podcasts and get REC Audited
www.rec.uk.com RM p1-APRa.indd 23
06/03/2015 14:24