This document summarizes a seminar on the Agency Workers Regulations 2010 in the UK. It discusses the key points covered by four speakers:
1. The legal background and aims of the regulations to introduce equal treatment for temporary agency workers in terms of pay, employment conditions, and access to facilities and permanent work.
2. Recommendations for companies on reducing suppliers, reviewing policies and documentation, training managers, and communicating with agencies to ensure compliance.
3. A study finding that on average agency workers stayed in roles for 16 weeks, making over 50% affected by the new regulations and increasing costs for companies by 5% on average.
4. Insights from a recruiter on clients discussing options
Hire Purpose - a report on the first AM Forum meeting of senior in-house recr...ThirtyThree
AM Forum is a new free event being hosted by Work Group and The FIRM. Built on what matters to you, it's entirely focused on helping senior in-house resourcing professionals to exchange ideas, share experiences and develop their professional networks.
The inaugural event was held on Thursday 23rd January at Coq d’Argent in London. Through a series of interactive group sessions, the delegates considered the business case for in-house recruitment, followed by a debate on insourcing vs. outsourcing priorities.
This report is a detailed insight into the views of the senior in-house recruiters who attended the event.
White Paper: Complying With Regulations Regarding Temporary Workersss
The use of temporary workers is growing in the United States, now representing 22% of the total workforce. Temporary workers are referred to as freelancers, non-employees, indirect workers, agency contractors, consultants, interns, independent contractors, and many other terms.
The following blog will provide you with an overview on how to both legally and professionally dismiss and terminate an employee, including key factors that every employer should consider.
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Prior update recommendations
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Inevitably, you will need the services and/or skill sets of other people to get your business running. When you begin to add people to your lean start-up, the initial question will be whether or not each person will be an employee or independent contractor. This seminar will help you understand the pros and cons of each type of relationship, and the legal risks in one vs. the other.
If you hire even one employee, there are HR legal compliance issues you will need to address. This seminar also discusses the HR issues that are most important as you begin to add employees, such as:
-Your obligations under wage laws and employment verification laws
-Approaching incentive compensation
-Protecting your confidential information and trade secrets
Thought leadership interactive PDF for Croner Solutions that captures the thoughts of experts on key developments in HR, employment and health & safety. It looked look back on past and also future trends to deliver valuable insight.
time
Hire Purpose - a report on the first AM Forum meeting of senior in-house recr...ThirtyThree
AM Forum is a new free event being hosted by Work Group and The FIRM. Built on what matters to you, it's entirely focused on helping senior in-house resourcing professionals to exchange ideas, share experiences and develop their professional networks.
The inaugural event was held on Thursday 23rd January at Coq d’Argent in London. Through a series of interactive group sessions, the delegates considered the business case for in-house recruitment, followed by a debate on insourcing vs. outsourcing priorities.
This report is a detailed insight into the views of the senior in-house recruiters who attended the event.
White Paper: Complying With Regulations Regarding Temporary Workersss
The use of temporary workers is growing in the United States, now representing 22% of the total workforce. Temporary workers are referred to as freelancers, non-employees, indirect workers, agency contractors, consultants, interns, independent contractors, and many other terms.
The following blog will provide you with an overview on how to both legally and professionally dismiss and terminate an employee, including key factors that every employer should consider.
23 Employee Handbook Revisions for 2011Alan Thayer
Employee handbook updates recommended for 2011. Based on recent United States Supreme Court decisions, lower court rulings, workplace issues and employer problems.
Prior update recommendations
Lean Start-up Business Tactics Seminar - HR Issues and Your Start-up UNHInnovation
Inevitably, you will need the services and/or skill sets of other people to get your business running. When you begin to add people to your lean start-up, the initial question will be whether or not each person will be an employee or independent contractor. This seminar will help you understand the pros and cons of each type of relationship, and the legal risks in one vs. the other.
If you hire even one employee, there are HR legal compliance issues you will need to address. This seminar also discusses the HR issues that are most important as you begin to add employees, such as:
-Your obligations under wage laws and employment verification laws
-Approaching incentive compensation
-Protecting your confidential information and trade secrets
Thought leadership interactive PDF for Croner Solutions that captures the thoughts of experts on key developments in HR, employment and health & safety. It looked look back on past and also future trends to deliver valuable insight.
time
CFO Compliance Guide 2019 | Paycor - New York- Long IslandAdam J. Brier
Top Concerns by Chief Financial Officers that impact revenues, margins and using benchmark analytics is critical for profit, and non-for-profit organizations.
The Ruby Files: Transition and the Fight for Bathroom EqualityPolsinelli PC
In our final webinar on The Ruby Files: Managing the Challenging Employee, we continue to follow Ruby as her changing circumstances present her employers with a variety of legal complications.
Ruby decides to try her hand at a company charged with customer support of a nationwide franchisee network. The parent company has a union, and Ruby organizes her fellow co-workers to form a local branch. In course of negotiations, Ruby announces she now identifies as a man – goodbye Ruby, hello Rudy. The employee bathroom becomes a source of tension in the office, with neither Rudy nor his fellow coworkers happy about the impact of Rudy’s transition on the facilities and their assigned use. How can the company stay legally compliant and sensitive to Rudy’s legitimate needs, while still addressing concerns of all involved?
Polsinelli’s Labor and Employment attorneys, as well as Dov Scherzer, a shareholder in the Intellectual Property practice, will cover the legal hot buttons covered in this webinar, specifically:
-Union organizing campaigns and impact upon workplace
-Franchisor/franchisee conflict
-Transition of transgender employees and practical application in everyday workplace
Tom Mornement from Purple House HR discusses the role of the HR interim and the many challenges and opportunities this presents. He was joined by Yvonne Payne who gave her side of the story as life as a HR interim. Recently presented to the CIPD West of England Branch.
Social Media in the Workplace
Linky Trott
Abstract
There is no doubt that most businesses use social media and collaboration tools
such as social business software of some kind or another and embrace the
benefits that these can bring. In a 2009 a global Manpower survey, businesses
identified the main benefits of using social media as; brand building, fostering
collaboration and communication, as way of recruiting new talent, improving
employee engagement and driving innovation.
But there are also risks. This article examines the main legal risks that can arise
in the workplace as between a business and its workforce and considers how
the Courts and Tribunals are responding to social media issues arising in the
workplace.
Introduction
If a business has a concern about the use of social media, a blanket ban is
clearly an option. Whilst that may feel like the most simple approach, it is
unlikely to be practical. Even as far back as 2009, the Manpower survey
observed that “the younger generation consider social media tools as a
Biography
Linky Trott is a Partner at law firm, Edwin Coe. She provides day to day advice on a
comprehensive range of employment issues for established corporate clients including
the negotiation and provision of strategic advice on severance arrangements, bullying
and harassment claims, the management of ill health and capability dismissals, dealing
with allegations of discrimination, collective redundancies and Board disputes.
Linky also undertakes High Court injunctive work to enforce or resist post termination
restraints and the protection of confidential information. Working with Senior
Executives and Board Directors, Linky regularly advises and helps to negotiate terms
of Executive service agreements to include bonus schemes, guaranteed payments and
share options in regulated and non regulated industries. She has provided strategic
advice on a number of successful team moves within the communications and financial
sector acting for both the poaching competitor and the individuals being approached.
Linky also advises on data protection, commercial agents and the Conduct of
Employment Businesses and Employment Agency issues.
Linky sits on the Employment Committee of the Law Society and is Chair on the In and
Around Covent Garden Business Forum. She is also a member of the Employment
Lawyers Association, and has appeared on ITV and Channel 4 commenting on
Employment Law issues arising in the news and is a regular speaker at conferences on
employment issues.
Linky Trott
Partner
Edwin Coe
Keywords Risk, Rewards, Safeguards, Recruitment, Human Rights Act 1998
Paper type Opinion
23 Credit Control
Legal Aspects
prerequisite for doing business” and with generation Y having been in the
workplace for around ten years, it is unlikely that staff will tolerate a blanket ban.
Time wasters
Employers can of course monitor an employe.
Global recruiter summit lander associates presentationLander Consultancy
From quality on-boarding of new talent and focussed growth of high performing management teams, to creating effective development programmes and growing the next vital generation of leaders – how do you formulate a cohesive approach within a sensible budget, across multiple geographic locations with diverse cultures which will not only up skill your entire workforce but help to engage them resulting in improved attraction, retention and overall performance results? Fiona Lander of Lander Associates explains.
In November 2009 Lander Associates held a Leadership Symposium which comprised of fourteen business professionals with a range of backgrounds: recruitment; HR; finance; academia and consultancy who met to exchange views on the challenges and opportunities posed by a new decade – and to share ideas on how to successfully manage those challenges and opportunities.
Lander Associates has produced a white paper detailing the challenges leaders face and looking forward to 2010 and beyond.
As a result of this symposium we developed a brand new suite of leadership courses which focus on the real skills needed by front line managers/team leaders post recession. We then partnered with Chartered Management Institute (CMI) to become an Approved Centre. This means we can now offer the only recruitment specific, international leadership qualification. Visit www.landerleadership.com to find out more.
Lander Associates, established in 1997, is an international training and performance development specialist to the professional recruitment sector and beyond.
As international recruitment training and development specialists, Lander Associates will work with you and your team to achieve the best results to put you ahead of your competitors.
Our innovative training is aimed at forward thinking, growing recruitment companies, providing a holistic approach to upskilling the entire workforce from trainee to Managing Director.
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Personal Brand Statement:
As an Army veteran dedicated to lifelong learning, I bring a disciplined, strategic mindset to my pursuits. I am constantly expanding my knowledge to innovate and lead effectively. My journey is driven by a commitment to excellence, and to make a meaningful impact in the world.
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Digital Transformation and IT Strategy Toolkit and TemplatesAurelien Domont, MBA
This Digital Transformation and IT Strategy Toolkit was created by ex-McKinsey, Deloitte and BCG Management Consultants, after more than 5,000 hours of work. It is considered the world's best & most comprehensive Digital Transformation and IT Strategy Toolkit. It includes all the Frameworks, Best Practices & Templates required to successfully undertake the Digital Transformation of your organization and define a robust IT Strategy.
Editable Toolkit to help you reuse our content: 700 Powerpoint slides | 35 Excel sheets | 84 minutes of Video training
This PowerPoint presentation is only a small preview of our Toolkits. For more details, visit www.domontconsulting.com
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1. Agency Workers Regulations 2010
So, the AWR are finally here after 11 years in the making. As I no
longer work operationally in recruitment, I hadn’t done the research that
I normally do when a new law appears on the horizon.
I needed to remedy that situation, so as part of the committee for The
Recruitment Society (Midlands), I put forward that our next seminar
should cover this topic for recruitment agencies and all levels of HR
Professionals within companies. Last Friday was the culmination of
several months work, not least for the Chairman of the Midlands
division Charles Hardy.
The event was held at Maple House in Birmingham and there
were 4 speakers that together covered the subject in 1½ hours.
This blog is in no way meant to equate to all of the knowledge
that you will need for the AWR, but more as a catalyst to hopefully remind you of some of the key
issues and possibly some additional research and review work to be planned.
First to speak to a packed room was Simon Horsfield, Partner at the Law Firm
Pinsent Masons. He gave us the legal background and what the aims of the
Regulations were. In summation, the Regulations are there to
“ introduce ‘equal treatment’ for temporary workers supplied by an agency in terms of pay
and employment conditions, access to permanent work and facilities ”.
A key point for me was that the previous discussions and questions that I have been asked by
recruiters had always been focussed on these rights applying once the temporary worker had
completed 12 weeks and they had seemed to skip over the Day 1 rights of the worker – possibly
because ultimately, this wasn’t their responsibility!
Day 1 Access to permanent opportunities within the company as well as their facilities. The
Hirer is responsible for this
Week 12 Equal pay, working time, rest periods and annual leave (as someone who would be
doing the ‘same role’ on a permanent basis)
From the discussions afterwards and the Q & A session, it seems as though the thing that most
companies are getting ‘hot under the collar’ about is the facilities issue and more specifically, the
parking spaces - a very emotional subject in most companies!
If everyone in the company is eligible for a parking space, then from the start of
the assignment this could be an issue, but from my 22 years experience in
recruitment, that’s very rare. There are usually criteria to achieve the space and
not everyone gets one, so that would be the same for the agency worker (AW).
What’s key is the communication between the agency and the hirer before the
assignments starts.
Page 1
2. Agency Workers Regulations 2010
Simon also explained about the ‘Swedish Derogation’. A lot of companies have seen this as a
possible ‘opt-out’ clause from AWR, like the ‘waiver’ option was to the Working Time Regulations.
To put it simply, it means that the AWR rights of an AW no longer exist when AWs are employed on a
permanent basis by their temporary work agency or possibly though an umbrella company and
receive pay in-between assignments. This solution is very likely to be tested in the courts and if they
believe that it has been implemented solely to negate the rights of the AW, then it’s likely that
penalties will be enforced.
This point led nicely on to the next speaker, Fiona McKay, MD from Seminars &
Solutions. She started off by giving us an update on the recent publicity around David
Cameron and his comments a few weeks ago about a review of the AWR. This was
nothing new. Before coming into power, Mr. Cameron asked for the same thing back
in March 2010, but bringing it up again a matter of weeks before it’s implementation
seemed a bit last minute!
Fiona was party to the debate that was held at the House of Commons and explained that there
would be no review this year and very unlikely for next year either. This is legislation that needs to
have ‘case law’ applied to it, so it’s going to be a long time before the courts have ruled on real
cases to define it further, before any changes are going to be made.
Fiona’s company have been helping numerous companies to get ready for AWR over the past year
or so and therefore had a very helpful list of ‘Recommendations to Hirers’. Now although the hirers
are highlighted here, she was keen to impress that these points are what recruitment agencies
should be checking with their clients and also should be aware of for themselves and ‘consulting’ with
the business community to make sure that things are done correctly first time.
Her recommendations were: -
• Reduce your number of suppliers
Probably not something that agencies would welcome, but as a trainer in an industry that suffers
from bad press occasionally, this is always my recommendation to any client. Work with those
companies that are willing to work with you – and do so within the law.
• System alterations
It may mean that systems and procedures may need to be adjusted to make sure that the AWR
are complied with. What processes do you have in place to monitor the length of time that an
agency worker has been with you? How do you fulfil your responsibilities from Day 1?
• Communication with recruitment agencies
Critical, as the hirer may have done everything that they need to do, but if the agency puts a foot
wrong, then it’s still both parties that will end up in court.
• Dialogue with Trade Unions
If this is relevant to your business, then it’s something that should have been done long ago.
What’s important is that dialogue is kept open and on a regular basis.
• Review T & Cs, collective facilities
What is it that you’re offering your staff and how will this relate to temporary workers?
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3. Agency Workers Regulations 2010
• Undertake ongoing due diligence of recruitment agencies
Make sure that you are working with the best. Set review meetings on a regular basis to make
sure that all parties are aware.
• Document everything. Also make sure that your documentation is bullet-proof if a third party
wants to see it.
• Information system for Agency Workers. What do you have in place to make sure that
temporary agency workers can access the information they require?
• Line manager and end user training
Always a key point for any new systems being implemented into a company, but unfortunately one
that is often missed.
Fiona’s blog (Follow Fiona) gives the link to the guidance notes from the BIS
(Department for Business Innovation & Skills) for everyone to read.
http://www.bis.gov.uk/assets/biscore/employment-matters/docs/a/11-905-agency-
workers-regulations-guidance.pdf
Our third speaker was Emily Morgan, the HR Consulting Manager from
Reed Consulting, who had stepped in at the last minute for Linda
Marshall and did a fabulous job. She gave us some interesting facts
about a study she had been researching for the past year.
Emily reviewed 30 clients with a total recruitment spend of £150 million per year. They had 30,000
AWs working for them in 1,300 different roles and were being supplied by 50+ agencies.
Her first point of reference was the average length of booking. When I was a recruitment consultant
providing temporary workers, I know my average length of booking was 6 weeks, so not many of my
clients would have been affected by the AWR if they’d been implemented 20 years ago! Emily’s
survey clients had AWs for an average of 16 weeks. Over 50% of the 30,000 AWs would have been
affected by the new regulations last year. In terms of revenue, the clients would have had an average
5% increase in costs which equated to £7 million. Only 5 of the 30 clients would have had to pay
more that the 5% though.
Her survey then went on to outline where the increased costs came from. We all thought that the
discrepancy in pay from a temporary worker to a permanent employee was the obvious answer, but
this only came in second on her list. Control of the agency pay rates / ordering processes was
top. This shows that even companies with incredible spend on recruitment, still don’t streamline their
processes or keep control of what the agencies are paying. I have always been an advocate of open
book accounting and service level agreements with clients. If you’re working in true partnership with
a business, there shouldn’t be any secrets.
To see whether you are ready for the AWR, then Emily’s company have a diagnostic questionnaire
on their website that you can take if you’re a hirer or you can direct your clients towards.
www.reedgateway.co.uk/AWR
Page 3
4. Agency Workers Regulations 2010
Our final speaker was Andy Frost, the Logistics Director of The Recruit Group.
We got an insight into the practicalities of the new legislation from a recruiter
providing staff daily.
Andy provides companies with drivers and I was shocked to hear that apparently,
the average age of a professional driver in the UK was 58. I think this was TRG’s
average age as a search online revealed a still staggering range of 51 – 55 from
different sources. (No issues on Age Discrimination in this sector then!)
In his industry a lot of the clients have been requesting to discuss the ‘Swedish Derogation’ possibility
and as a lot of their AWs work for them on a longer term basis, then this was an option open to them.
What I got from Andy’s presentation was the work they had put in to make sure that they were aware
of timelines at his company. They have created a system whereby at 6 weeks continuous work an
AW will be flagged. They then have the opportunity to see whether they are still likely to be working at
the company in another 6 weeks time, which gives them plenty of time to get the details they require
from the client regarding equal pay and conditions.
If an AW continues to 10 weeks, then another flag is raised by the system and this time a senior
manager has to clear the booking to make sure that everything is in place if they go past the 12
weeks.
I think this is a must for all recruitment agencies. What do you have in place to make sure that
you are ahead of the law?
After the Q & A session, we were all treated to a fabulous lunch at Etc. Venues
courtesy of Personnel Today who sponsored the event. Everyone stayed on to
network and discuss the issues further and I only pulled myself away after an
hour, so as not to get a parking ticket, like I did at the last Recruitment Society seminar!
An enjoyable and informative 3 hours that means I can now answer questions from recruiters with
much more knowledge, understanding and confidence.
By Angela Cripps - Midlands Regional Director - Lander Associates
Future Recruitment Society Events are listed on the website.
To join the LinkedIn Group
Page 4