Immigration: Seasonal workers pilot opens
In September 2018, the Home Secretary and Environment Secretary announced that, having listened to farmers, they were introducing a nationwide pilot scheme seasonal workers to bring seasonal migrant workers to UK farms. The pilot opened on 6 March meaning that UK fruit and vegetable farmers will be able to employ migrant workers for seasonal work …
Employee Status: Temporary employees on zero hours contracts can be agency workers
In Brooknight Guarding Limited v Matei UKEAT 0309/17/LA the Respondent company employed the Claimant as a security guard on a 'zero hours contract' . He had a flexibility clause in his contract which meant the Respondent could assign him to different sites for different clients as and when required. However, …
Agency workers: Comparison with conditions of permanent employees should be based on a term-by-term approach
The meaning of regulation 5(1) of the Agency Workers Regulations 2010 (SI 2010/93) (AWR) has had its first consideration before the EAT. Reg 5(1) says that agency workers must be afforded "the same basic working and employment conditions" as permanent employees after 12 weeks.
The Good Work Review: What will the government actually do next?
In July 2017 we reported that the Taylor Review’s recommendations had been published and we set out a summary of the main recommendations. Its short title is the ‘Good Work’ Report but it seems that the government is not ready to take the plunge and take on all the recommendations. The government recently put out …
Whistleblowing: Agency worker can bring claim against agency and end-user clients
The Employment Rights Act 1996 (ERA 1996) protects ‘workers’ from being subjected to any detriment (including dismissal) on the ground that they have made a protected disclosure. In particular, section 43K ERA 1996 was introduced to protect agency workers. In McTigue v University Hospital Bristol NHS …
New Employment Agency Amendment Regulations come into force in May
The conduct of employment agencies and businesses is governed in large part by The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (SI 2003/3319). From 8 May 2016, these are amended by the nattily titled The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2016.
Some of …