Employment law update ? The Agency Workers Regulations
The Agency Workers Regulations, which come into force on 1st October, will implement the Temporary Agency Workers Directive, giving agency workers the same basic employment conditions after 12 weeks in a given job as if they had been employed directly by the end-user.
The rights fall into two categories. Day 1 rights for all agency workers will apply from the first day of employment. These cover things like equal access to your facilities (such as canteen, childcare facilities, etc.).
The second category confers rights on employees who have spent 12 weeks in the same job. These workers will be entitled to equal treatment entitlements relating to pay and other basic working conditions, such as annual leave and rest breaks. Pregnant agency workers who have completed the qualifying period will be able to take paid time off for ante-natal appointments during an assignment.
In this article we look at who is – and who is not – protected by the Regulations.
The AWR apply to individuals who work as temporary agency workers; individuals or companies (private, public, charities or social enterprises) involved in the supply of temporary agency workers, either directly or indirectly, to work temporarily for and under the direction and supervision of a hirer; and hirers (private, public and third sector).
For someone to be an agency worker there must be a contract (an employment contract or a contract to perform work personally) between the worker and the agency; that worker must be temporarily supplied by the agency to a hirer; and when working on assignment the worker is subject to the supervision and direction of that hirer.
Those who are likely to be denied protection under Regulations include people who find work through a temporary work agency but are in business on their own account (where they have a business to business relationship with the hirer who is a client or customer). Others likely to be outside the scope of the Regulations are workers who are employed on Managed Service Contracts, that is, where the worker does not work under the direction and supervision of the host organisation, and individuals working for in-house temporary staffing banks. Job seekers who find direct employment with an employer through an “employment agency” and individuals on secondment or loan from one organisation to another – would also fall outside the protections of the Regulations.
Where a worker is in a business on his own account, the Regulations won’t apply. Whether the person is genuinely self-employed will be a question of fact in each case. However, just putting earnings through a limited company would not in itself put a person beyond the scope of the Regulations.
In the event of a dispute, in order to establish if a worker is genuinely in business on their own account, the courts will examine the individual’s circumstances and consider all aspects of the relationship, including what a contract might say or what it does not say, the expectations of the parties and their conduct, to establish the reality of the relationship.
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On 28th June 2011, Russell HR Consulting is running a one day training course on “Pre-Trial Preparation for an Employment Tribunal (ET1 to trial)“.
Russell HR Consulting provides expert knowledge in the practical application of employment law as well as providing employment law training and HR support services. For more information, visit our website at www.russellhrconsulting.co.uk or call a member of the team on 0845 644 8955.
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Kate Russell started Russell HR Consulting in 1998 and now divides her time between advising businesses of all sizes on HR issues, and delivering a range of highly practical employment law awareness training to line managers, including a range of public workshops. Her unique combination of legal background, direct line management experience and HR skills, enables Kate to present the stringent requirements of the law balanced against the realities of working life. She is a senior presenter for several companies and a popular public speaker. Kate completed an MA in strategic human resource management in 2004.
Question by toonistcar90: How long until Obama has the US in such bad shape no one will buy our bonds & All the Freebies go up in flames?
We have been labeled ugly by the S&P, next goes the credit rating, then the AAA rating goes away and our national debt interest rate goes through the roof and then it’s over. No one will buy our bonds, we won’t be able to pay the debt.
Obama walked into a bad situation, THAT DEMOCRATS CAUSED … by crashing the housing market by crashing the lending market by forcing lending to bad risks borrowers by regulation and law.
The DEMOCRATS also kicked up energy and especially gas prices by the moves they have been making since JFK was murdered by the puppet masters who are pulling Obama’s strings right now, the Fabian Society, lead by George Soros or faced by him because you won’t see the others. They control most of our Federal Reserve Bank, as well as much of the World banking, the UN is on the pay roll or enough members getting bought or promised things they control that, and they have wormed into media and entertainment industry as well as Colleges using their money and peoples greed.
I just thought I’d lay it out matter of factly, because that’s exactly what’s going on. Just a bit of smoking gun evidence to back up loads of complex circumstantial evidence I can’t explain to you unless I had days and you were not stupid. The media influence and entertainment influence makes a very powerful machine of obfuscation, but if you stick to it and see what causes what and why then you can understand, but it’s complex and you have to break through some paradigms that have been set up in groups and individuals via groups.
The fact is the Fabian Society created the Progressive Movement in the US, it’s a fact. George Bernard Shaw, a Fabian, in fact the one who created the Fabian Window that kind of shows their mission, and clearly when you read Shaw’s words … he came to the US in the early 1900s and got things rolling. The plan for this was to take down the US Constitutional Government and Society / Economy to bring the US back under European Control. That’s still the goal, and they are getting close. It’s what they tried to work out with JFK and he refused to work with them and started measures to fight them, like Executive order 11110 to take away the Feds US currency monopoly. In Columbia University he spoke of them, how they were piloting to take the freedoms of the people of the USA and wanted to use his office of president to foment their plans, and that before he left office he would inform us who they were. 10 days later he was murdered. Smart money and Jack Ruby in an around about way, says VP Johnson facilitated it.
Anyway, if I’m totally wrong, the best case scenario is the US headed in this direction will have investors stop buying our bonds, and then the party is OVER. The economy will be devastated, spending won’t happen because money won’t be there. The economy will screech to a halt because we are more dependent on our system than even the Irish or Greeks. Plus fuel costs will be very high and the US is very dependent on moving commodities over long range.
Worst case Obama & the Fabian Society keep messing with things and sabotaging the people and their ability to make and get what they need. If the electrical grid goes down, which wouldn’t be that hard, the effects could be absolutely devastating. We are talking a massive die off.
How do we avoid this? Pain, it’s going to be painful whatever happens. One way is pain now, the other way is it’s a bit better now but it’s pushing all the bad effects back and amplifying them in a big way.
The fix is cutting out all the fat and stopping all the borrowing and starting to pay down the actual debt, no talk of deficits because those are suicidal now. Pulling off restrictive cumbersome regulations and keeping with basic laws and a fair tax. The government can spend what it gets minus 10% or more to pay down the deb though it should probably be 25%, but it can’t over burden the people with taxes or red tape because the people will be struggling to keep body and soul together. This will do 2 things (more, but 2 main things) 1. Keep up our rating so interest isn’t high which is very important in getting this thing paid down. 2. The Economy WILL recover under those circumstances and start roaring. Revenues will explode, and it will be easier to get the debt paid off.
We will also have to deFabianize the US and put some people in jail for treason, because that’s the deal with Obama and the Fabian Society. Just because they don’t attack openly and choose to use subversion, bribery, and Propaganda with major control over information to lie to the people doesn’t change the goal or the final effect.
If we don’t accomplish these things life in the US will never be the same, and the US will never be the home of such innovation and freedom again.
http://www.bigeye.com/griffin.htm
http://en.wikipedia.org/wiki/Fabian_Society
http://en.wikipedia.org/wiki/Cecil_Rhodes
http://www.equalparenting-bc.ca/news/fabian-society.htm
http://www.canadafreepress.com/index.php/article/13959
http://www.canadafreepress.com/index.php/article/13999
http://www.freerepublic.com/focus/f-news/2680279/posts
Best answer:
Answer by alora
why dont you just write a damn book.. no ones gonna bother reading all that nonesense! Good day
wow if one person can destroy our country in two years he must be f’ing god… Get with it he didnt create all the mess and if thats what you think then you need to go back to school… One man can no create all the problems this country is having right now.. get over yourself.
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