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AWR Bulletin 10

Thu, 15 Dec 2011 11:49:00 +0000

The Agency Workers Regulations 2010 (\"the Regulations\") provide agency workers with a right to equal treatment in respect of basic working and employment conditions following completion of a 12 week qualifying period. An agency worker can only begin to accrue the 12 week qualifying period once the Regulations have come into force on 1 October 2011. From day one of an assignment (i.e. not dependent on the 12 week qualifying period), agency workers will also be entitled to equal treatment in relation to access to the collective facilities and amenities of the hirer.

The Right to the Same Working and Employment Conditions

Pursuant to Regulation 5(1) of the Regulations, following accrual of the 12 week qualifying period, an agency worker (\"A\") shall be entitled to: \"the same basic working and employment conditions as A would be entitled to for doing the same job had A been recruited by the hirer:

(a) Other than by using the services of a temporary work agency; and
(b) At the time the qualifying period commenced.\"

Regulation 5(2) goes on to state that the basic working and employment conditions are the relevant terms and conditions that are ordinarily included in the contracts of workers/employees of the hirer. These could be set out in, for example, standard contracts, pay scales or structures, relevant collective agreements or a company handbook or similar, including any variations in those relevant terms and conditions made at any time after the qualifying period commenced.

The BIS Guidance suggests that an appropriate test will be to treat the agency worker \"as if\" he/she had been recruited as an employee or worker to the same job and assess what relevant terms he/she would be entitled to, given a particular role and his/her particular skills and qualifications.

Although there is no need for an actual comparator, the equal treatment obligations will be deemed to have been complied with where an agency worker is working under the same relevant terms and conditions as a \"comparable employee\" and these relevant terms and conditions are those ordinarily included in the contracts of comparable employees of the hirer (Regulation 5(3)).

A comparable employee is defined as one whose employment is continuing and, at the time of the alleged breach the employee and the agency worker are engaged in broadly similar work, although account can be taken of their skills and qualifications as this may justify a higher level of pay for the comparator. The comparator must work at the same workplace or, if there is no comparable employee in the same workplace, in another of the hirers workplaces. They will not be a comparable employee if they are no longer employed by the hirer.

Regulation 6 sets out what the \"relevant terms and conditions\" are for the purposes of Regulation 5, as \"terms and conditions relating to:

(a) Pay
(b) The duration of working time
(c) Night work
(d) Rest periods
(e) Rest breaks; and
(f) Annual leave.\"

In addition, pregnant agency workers who have completed the 12 week qualifying period will be entitled to paid time off for ante natal appointments.

Pay

Regulation 6(2) defines \"pay\" as: \"any sums payable to a worker of the hirer in connection with the workers employment, including any fee, bonus, commission, holiday pay or other emolument referable to the employment, whether payable under contract or otherwise, but excluding any payments or rewards within paragraph (3)\".

The BIS Guidance sets out in more detail what it considers will be within the definition of pay as including:

Basic pay based on the annual salary an agency worker would have received if recruited directly (usually converted into hourly or daily rate, taking into account any pay increments)
Overtime payments, subject to any requirements regarding the number of qualifying hours
Shift/unsocial hours allowances, risk payments for hazardous duties
Payment for annual leave (any entitlement above the statutory minimum of 5.6 weeks may be added to the hourly or daily rate)
Bonus or commission payments directly attributable to the amount or quality of the work done by the individual. This can include commission linked to sales or production targets and payments related to quality of personal performance. This might also include non-contractual payments which have been paid with such regularity that they are a matter of custom and practice; and
Vouchers or stamps which have monetary value and are not \"salary\".

Those things specifically excluded by Regulation 6(3) from the definition of pay are:

Occupational sick pay
Pension payments, allowances or gratuities in connection with the workers retirement
Compensation for loss of office
Payments in respect of maternity, paternity or adoption leave
Payments referable to the workers redundancy
Payments or rewards made pursuant to a financial participation scheme
Bonuses, incentive payments or rewards which are not directly attributable to the amount or quality of the work done by a worker (such as to encourage the workers loyalty or to reward the workers long-term service)
Payments for time off for carrying out trade union duties etc
Guarantee payments under section 28 of the Employment Rights Act 1996 Act
Payments by way of an advance under an agreement for a loan or by way of an advance of pay
Payments in respect of expenses incurred by the worker in carrying out the employment; and
Payments to the worker otherwise than in that persons capacity as a worker.

As pointed out by the BIS Guidance, the Regulations do not require integration of agency workers into performance appraisal systems. However, although not a requirement, it may be easier in some circumstances to fully integrate the agency worker. The agency worker is entitled to any bonus directly attributable to the amount or quality of work done that he or she would have been entitled to if hired direct to do the same job, but this does not mean that the same process for assessing performance need be followed. It may be appropriate for the hirer to modify the assessment process, for example by conducting shorter appraisals for agency workers. Conducting an appraisal of an agency workers performance in the role, in order to determine this aspect of \"pay\", should not of itself affect the workers employment status.

Where a hirer gives an annual pay increment, an agency worker should receive any such pay increment that he or she would have been entitled to if recruited directly to do the same job.

Working time and holiday entitlements

These are in addition to the rights under the Working Time Regulations 1998 and many hirers may already offer some or all of these entitlements to agency workers from day one of an assignment.

Examples of these entitlements may include a situation where an agency worker would have been entitled to more generous rest than the statutory minimum if they were recruited directly (e.g. a lunch hour, rather than the 20 minute break which must be provided in respect of any shift of more than six hours). An agency worker working the same shift will also be entitled to this once the 12-week qualifying period has elapsed.

\"Duration of working time\" might cover a variety of conditions. For example, if someone directly recruited to the same job would not be expected to work more than 48 hours then the agency worker should be offered the same terms and conditions.

In relation to paid holiday leave, all workers have a statutory entitlement to 5.6 weeks per year (i.e. somebody working five days a week is entitled to 5.6 x 5 = 28 days) which can include bank and public holidays. Like with rest breaks, if a hirer would have given a more generous contractual leave entitlement to the agency worker if recruited directly to fill the same job, the agency worker concerned should receive the same enhanced entitlement once the 12-week qualifying period has been accrued.

Rights in Relation to Collective Facilities and Amenities

Regulation 12 confirms that agency workers have the right to be treated no less favourably than a comparable worker in relation to the \"collective facilities and amenities\" provided by the hirer, although such rights only apply where any less favourable treatment cannot be objectively justified. This is the only element of the Regulations where there can be \"objective justification\" for less favourable treatment and the BIS Guidance on the Regulations advises that, although cost may be one factor to take into account, hirers are unlikely to be able to rely on cost alone to justify different treatment. The Guidance continues: \"Practical and organisational considerations could also be a factor. Even if there is objective justification, hirers may want to consider whether it is possible or feasible to offer agency workers certain access to facilities on a partial basis, as an alternative to excluding them altogether.\"

\"Collective facilities and amenities\" are not defined although Regulation 12(3) states that they will include in particular\":

(a) Canteen or other similar facilities
(b) Child care facilities; and
(c) Transport services.\"

A comparable worker for the purposes of Regulation 12 is a worker who is:

Doing the same or broadly similar work to the agency worker; and
Working at the same location as the agency worker or, if there is no such person, at another location owned by the hirer (this is to avoid any confusion when a company has several different locations and may have, for example, a canteen in one particular location to which all direct employees in all the locations have access).

If there are no comparable workers or employees there is no entitlement to equal treatment.

Importantly, the right of agency workers not to be treated less favourably in relation to collective facilities and amenities applies from day one of their assignment and is not subject to the 12 weeks qualifying which applies to the right to the same working and employment conditions under Regulation 5.

The BIS Guidance on the Regulations states that this right \"is not intended to extend to all benefits which a hirer might provide to directly recruited workers or employees; rather, it applies to collective facilities provided by the hirer either to workers or employees as a whole or to particular groups of workers or employees\". The Guidance also provides a non-exhaustive list of the kind of facilities and amenities which are likely to be included:

A canteen or other similar facilities
A workplace crèche
Transport services (e.g. in this context, local pick up and drop offs, transport between sites – but not company car allowances or season ticket loans)
Toilets/shower facilities
Staff common room
Waiting room
Mother and baby room
Prayer room
Food and drinks machines
Car parking

It is important to bear in mind the critical role that communication between agencies and hirers will play in ensuring agency workers are given access to the relevant working and employment conditions, as well as the collective facilities and amenities provided at the workplace.

Midlands Healthwise Information

Mon, 28 Nov 2011 14:58:00 +0000

Do you want to improve your fitness, health and wellbeing, but simply dont know where to start? If the answer is yes, then Midlands Healthwise can give you the help you are looking for.

Whatever level you are looking to start at, the principles of the courses are to help educate individuals and improve either your own or other individuals life styles and wellbeing.

All the courses are certified and recognised within the leisure industry and include NCFE, QCF and NVQs, varying from levels 1-3.

Run by Chris Craddock, a personal trainer with more than 15 years experience and 30+ years experience in the fitness/leisure world, courses available cover topics including:

Anatomy and Physiology
Nutrition/Diet
Health and wellbeing
Exercise
Techniques and posture

Also available is the NCFE Level 2 Improving Personal Exercise and Nutrition course, a recognised qualification in the fitness industry, which has NO exam and is FREE for individuals who are 19+ years of age. The course can be covered in as little as 4 weeks and is an excellent start for those looking to improve their own sense of wellbeing and learn how to live a healthier lifestyle.

To kick start your fitness regime and find out more information contact Chris Craddock at: cjc2@sky.com

TEAM (The Employment Agents Movement) is pleased to announce that they will be supporting the Recruitment Agency Expo taking place on 14th and 15th February 2012

Thu, 20 Oct 2011 16:51:00 +0100

TEAM (The Employment Agents Movement) is pleased to announce that they will be supporting the Recruitment Agency Expo taking place on 14th and 15th February 2012.

TEAM is the largest independent networked group of recruitment and employment agencies and businesses in the UK. Some of the best talents in the industry are members of the national network providing solutions to all staffing needs.

TEAM members, together with the TEAM network, are able to supply clients locally and also those with multiple national locations and can assist in providing any number of personnel temporary, contract or permanent to suit any vacancy anytime - anywhere.

TEAM members are selected on a number of criteria, not least, of which is their commitment to professionalism and a strong desire to fulfil client requirements. The vast majority of businesses within the TEAM network are owner-led and will go that extra mile to ensure their service is of the highest quality. In many instances agencies are one of, if not the most dominant force in their local market area of specialisation.

Recruitment Agency Expo aims to attract over 2,000 decision makers and senior managers, alongside the top industry suppliers who will be exhibiting. As well as showcasing the latest developments in the recruitment industry, the event will provide free seminar sessions for all delegates, covering the hottest and need-to-know subjects in the wider world of recruitment.

Liz Longman, Managing Director of TEAM, commented, This will be an excellent showcase event for senior personnel and decision makers to meet with professionals from the recruitment world. TEAM is delighted to be working with The Recruitment Agency Expo to create an accessible event that delivers quality content and attracts companies from across the UK.

Nav Mann, Event Director, We are delighted that TEAM are supporting the Recruitment Agency Expo and we look forward to making this the most important event in the recruitment industrys calendar. Together with the Expos visitor marketing campaign we will be working closely with TEAM to ensure a thorough reach amongst the target audience.\"

To find more about the event, please visit www.recruitmentagencyexpo.com or email info@recruitmentagencyexpo.com.

Nav Mann, Event Director, We are delighted that TEAM are supporting the Recruitment Agency Expo and we look forwardto making this the most important event in the recruitment industrys calendar. Together with the Expos visitor marketing campaign we will be working closely with TEAM to ensure a thorough reach amongst the target audience.\"

To find more about the event, please visit www.recruitmentagencyexpo.com or email info@recruitmentagencyexpo.com.

Do you supply products and services to recruitment agencies?

Want to meet face to face with senior decision makers who are ready to buy from you?

Exhibiting at Recruitment Agency Expo provides direct access to your target audience quickly and cost effectively. Saving you time and money by reaching hundreds of prospects in just two days, who would otherwise take you months to meet face to face.

To find out more, please complete the Exhibitor Enquiry Form
or email sales@recruitmentagencyepxo.com

Private Client Bulletin 49

Thu, 13 Oct 2011 17:34:00 +0100

Private Client Bulletin 49

Please find attached the latest edition of Brabners Chaffe Street Private Client bulletin which looks at the funding of care homes and how local authorities assess an individuals ability to pay and what options are available in estate planning.

Download Here

AWR Guidance Bulletin 9

Thu, 15 Sep 2011 09:14:00 +0100

AWR GUIDANCE BULLETIN 9

Please find attached the next of Brabners Chaffe Street special AWR bulletins in which they look at the definition of a hirer and in what circumstances hirers will be considered to be connected with one another under the Agency Workers Regulations 2010.

Brabners Chaffe Street has been involved in the comprehensive consultation process and has created a specialist AWR discussion group on LinkedIn. To join the group please follow the link:

http://www.linkedin.com/groups?gid=3949664&trk=myg_ugrp_ovr

Download here

Help Hart raise £3,000 for Heroes

Tue, 13 Sep 2011 10:53:00 +0100

We would like to invite you to help Hart raise £3,000 by taking part in our annual 5-a-side football event.

Last year we had a great 5-a-side event, raising over £2,000 for Macmillan Cancer and we want to repeat that success this year. As well as showing our support for such a deserved national cause, Hart Recruitment also want to take the opportunity to support a local charity. Thats why this year we will be raising money for both Help for Heroes and the Navy Training Corps.

The Navy Training Corps is a National Youth Organisation promoting activities for Cadets ranging from 8to 18 years of age. Locally based in Perry Barr, they provide the opportunity for the youth of the UK to realise their full potential, instilling a sense of pride in themselves. They provide support and activities to develop skills, capacities and capabilities to enable youths to participate in society as mature and responsible individuals. The Navy Training Corps is fully self-funded. For more information please visit http://navytrainingcorps.org/

We will be hosting our 5-a-side football event at GOALS, Perry Barr, Birmingham, B42 2UB; on Saturday 1st October 2011 at 9.30am, with kick off at 10am with the cup final at 12.30.There will be a male and female tournament with trophies for the lucky winners so hurry and sign your team up NOW! We need a minimum of10 teams in each tournament so please, tell your friends and family and get as many people involved as you can – Im sure you will agree its for worthy causes.

Hart Recruitment will also be taking the opportunity to celebrate 10 successful years in business and will be entering our own ladies team.

There will be face painting for children and other fun events for the whole family with the option of a drink and bite to eat in the Club House. In last years raffle we gave away a variety of fantastic prizes including holidays, spa days and golf days. We are also looking for donations of raffle prizes from local businesses.

Please call Emma or Jenny on 0121 360 6000 to book your space NOW. Prices are £10 per person which can be paid at our fundraising site, or in cash on the day.

Please help Hart raise £3,000.

Employment Bulletin: Discrimination Law update

Tue, 30 Aug 2011 14:29:00 +0100

EMPLOYMENT BULLETIN

Please find attached Brabners Chaffe Street latest bulletin which shows the breadth of what constitutes discrimination under the Equality Act 2010 in the light of three recent cases.Two of them are pure employment law cases and the thirdis a county court decisionabout discriminationin the provision of services.

Download here

Employment Bulletin Agency Worker (Amendment) Regulations 2011

Mon, 15 Aug 2011 11:05:00 +0100

EMPLOYMENT BULLETIN Agency Worker (Amendment) Regulations 2011

Please find attached Brabners Chaffe Street latest bulletin in which they consider the impact of the newly publicised Agency Workers (Amendment) Regulations 2011.

Brabners Chaffe Street has been involved in the comprehensive consultation process and whether you are an end user of agency workers or a supplier of temporary workers this is an important piece of news to be aware of.

Download here

AWR Guidance Bulletin 7

Thu, 11 Aug 2011 09:26:00 +0100

AWR GUIDANCE BULLETIN 7

Please find attached the seventh of Brabners Chaffe Street special AWR bulletins that they are releasing over the next few months, prior to the implementation of the Agency Workers Regulations 2010 (the Regulations), which will deal with some of the more contentious issues connected with the Regulations and the BIS Guidance.

In this bulletin Brabners Chaffe Street consider the definition of pay under the Regulations and some of the practical issues which should be considered.

Brabners Chaffe Street has been involved in the comprehensive consultation process and has created a specialist AWR discussion group on LinkedIn. To join the group please follow the link:

http://www.linkedin.com/groups?gid=3949664&trk=myg_ugrp_ovr

Download here

AWR Guidance Bulletin 6

Wed, 03 Aug 2011 08:49:00 +0100

AWR GUIDANCE BULLETIN 6

Please find attached the sixth of Brabners Chaffe Street special AWR bulletins that are going to be released over the next few months, prior to the implementation of the Agency Workers Regulations 2010 (the Regulations), which will deal with some of the more contentious issues connected with the Regulations and the BIS Guidance.

In this bulletin Brabners Chaffe Street look at the kind of information which should be communicated between the parties in an agency worker relationship, and a possible defence an agency may be able to claim against liability for breaches of the Regulations.

Brabners Chaffe Street has been involved in the comprehensive consultation process and has created a specialist AWR discussion group on LinkedIn. To join the group please follow the link:

http://www.linkedin.com/groups?gid=3949664&trk=myg_ugrp_ovr

Download here

AWR GUIDANCE BULLETIN 5

Mon, 01 Aug 2011 15:54:00 +0100

STOP PRESS - AWR GUIDANCE BULLETIN 5

Please find attached the final bulletin confirming that The Agency Workers Regulations are due to be reviewed in 2013 ...

This is the fifth of Brabners Chaffe Street special AWR bulletins that are going to be released over the next few months, prior to the implementation of the Agency Workers Regulations 2010 (the Regulations), which will deal with some of the more contentious issues connected with the Regulations and the BIS Guidance.

Brabners Chaffe Street has been involved in the comprehensive consultation process and has created a specialist AWR discussion group on LinkedIn. To join the group please follow the link:

http://www.linkedin.com/groups?gid=3949664&trk=myg_ugrp_ovr

Download here

AWR Guidance Bulletin 4

Tue, 26 Jul 2011 09:25:00 +0100

AWR GUIDANCE BULLETIN 4

Please find attached the fourth of Brabners Chaffe Street special AWR bulletins that they are releasing over the next few months, prior to the implementation of the Agency Workers Regulations 2010 (the Regulations), which will deal with some of the more contentious issues connected with the Regulations and the BIS Guidance.

In this bulletin we look at provisions in the Regulations aimed at stopping the equal treatment rights being wrongly circumvented through the structure and length of assignments.

Brabners Chaffe Street has been involved in the comprehensive consultation process and has created a specialist AWR discussion group on LinkedIn. To join the group please follow the link:

www.linkedin.com/groups?gid=3949664&trk=myg_ugrp_ovr

Download Here

HR Administrator job in Walsall

Fri, 22 Jul 2011 10:09:00 +0100

A company based in Birmingham are seeking a HR Administrator to join their team.

Applicants must possess previous HR administration experience and be IT proficient in Microsoft Word and Excel.

Your duties will include:

- Using Microsoft Office to complete letters and general correspondence
- Producing reports and mail merges
- Dealing with incoming and outgoing calls on a daily basis
- Processing new starters and completing employment checks
- Dealing with staff leavers
- Producing spreadsheets using Microsoft Excel
- Assisting with payroll queries
- Providing HR support as required
- General administration duties including filing, photocopying and faxing

Hours of work are Monday to Friday, 9am to 5.30pm
Salary is £16,000 depending on experience.

We are an equal opportunities employer

Click here to apply

AWR Guidance Bulletin 3

Tue, 19 Jul 2011 10:31:00 +0100

AWR GUIDANCE BULLETIN 3

Please find attached the third of our special AWR bulletins that Brabner Chaffe Street are releasing over the next few months, prior to the implementation of the Agency Workers Regulations 2010 (the Regulations), which will deal with some of the more contentious issues connected with the Regulations and the BIS Guidance.

In this bulletin, we look at the qualifying period under the Regulations and the impact of an agency worker not working during that period.

Brabners Chaffe Street has been involved in the comprehensive consultation process and has created a specialist AWR discussion group on LinkedIn. To join the group please follow the link:

http://www.linkedin.com/groups?gid=3949664&trk=myg_ugrp_ovr

Download here

AWR Guidance Bulletin 2

Tue, 12 Jul 2011 11:29:00 +0100

Please find attached the second of our special AWR bulletins that Brabner Chaffe Street are releasing over the next few months, prior to the implementation of the Agency Workers Regulations 2010 (the Regulations), which will deal with some of the more contentious issues connected with the Regulations and the BIS Guidance.

In this bulletin, we look at the practical options that businesses have available to them in order to reduce the impact and financial burden of the Regulations.

Brabners Chaffe Street has been involved in the comprehensive consultation process and has created a specialist AWR discussion group on LinkedIn. To join the group please follow the link:

http://www.linkedin.com/groups?gid=3949664&trk=myg_ugrp_ovr

Download AWR Guidance - Bulletin 2

AWR Guidance - Bulletin 1

Mon, 11 Jul 2011 15:22:00 +0100

Please find attached the first of a series of special AWR bulletins that we will be releasing over the next few months from Brabners Chaffe Street, prior to the implementation of the Agency Workers Regulations 2010 (the Regulations), which will deal with some of the more contentious issues connected with the Regulations and the BIS Guidance.

In this first bulletin we look at the issue of equal treatment and the use of a comparator.

Brabners Chaffe Street has been involved in the comprehensive consultation process and has created a specialist AWR discussion group on LinkedIn. To join the group please follow the link: http://www.linkedin.com/groups?gid=3949664&trk=myg_ugrp_ovr

Download AWR Guidance Bulletin 1

Accounts Clerk Job - West Bromwich

Mon, 04 Jul 2011 14:33:00 +0100

An opportunity has arisen for an Accounts Clerk to join a highly successful and established group based in West Bromwich, dealing with the accounts for 2 companies based within the group.

As an experienced Accounts Clerk you will have knowledge of the Pegasus Opera system or Sage, with strong communication skills and knowledge of Word and Excel.

Duties will include;
- Full responsibility for the sales and purchase ledger, matching, coding and batching up to 1,000 invoices per month
- Nominal ledger duties for the company
- Processing weekly payroll for up to 5 employees
- Bank reconciliation duties
- Some petty cash management
- Job and stock costing
- Dealing with internal queries
- Responding to and resolving any account queries
- Additional duties as required

Hours of work are Monday to Friday, 8.30am - 5pm
Salary is £17,000 - £20,000 depending on experience.
Benefits include free parking, company pension scheme, death in service, 24 days holidays plus bank holidays.

We are an equal opportunities employer

Please click here to apply

Click here to view similar jobs

Bids and Tenders Executive

Wed, 22 Jun 2011 11:27:00 +0100

We are currently recruiting for a high level Bids and Tenders Executive for a multi million pound turnover company in Birmingham.

This is a fantastic company to work for with progression opportunities throughout the group.

The role is paying £27,000 with benefits including parking and pension scheme.

You must have previous experience in Bids and Tenders, and be highly proficient in PowerPoint and Excel.

For full details click here

Business Development Executive Job in Tamworth

Fri, 13 May 2011 11:52:00 +0100

A South Birmingham based freight forwarding company have an exciting opportunity for a Business Development Executive to join their existing successful team.

Applicants will have proven Telesales or Business Development experience within logistics, freight forwarding or courier industries with strong communication skills and the ability to liaise at all levels.

Duties include;
- Working from an existing database of leads
- Making outbound calls
- Contacting businesses throughout the West Midlands area
- Developing new business
- Promoting the air, ocean and road freight forwarding services
- Booking a minimum of 20 sales appointments per month
- Closing sales over the phone where applicable
- Liaising with decision makers up to Director level

Hours of work are Monday to Friday, 9am - 5.30pm
Salary is £18k - £20k basic with OTE of £25k
Benefits include various incentive schemes with fantastic long term progression opportunities. Free parking is also available.

Applicants will be subject to a 5 year security check.

We are an equal opportunities employer

Click here to apply

New AWR Guidance published

Mon, 09 May 2011 12:23:00 +0100

Guidance Notes on the Agency Workers Regulations were published on Friday on the Department for Business Innovation & Skills (BIS) website.

Click here to see how this may affect you.