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Published byAndra Grace Stevens Modified over 9 years ago
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Rullion Recruitment
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Rehan Pasha Senior Associate Squire, Sanders and Dempsey Richard Sheldon Associate – HR Practice Group Eversheds Julian Ball Legal Director Paystream Simon Bloch Associate Brabners, Chaffe and Street Philip Higgins Managing Director Rullion Engineering Personnel
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AWR Temporary Work Agency Hirer Agency Worker
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Intermediary Umbrella Company Recruitment Business Temporary Work Agency Managing Agent Master Vendor Managed Service Provider Neutral Vendor Hirer
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Outside of AWR Genuinely Self Employed Managed Contracts Hirer’s Direct Temps Workers Seeking Perm Roles Seconded Personnel
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Canteen Transport Car Parking Child-care facilities Access to Facilities Vacancy notification Access to Vacancies
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Equal pay (comparable employee)Duration of working timeNight workRest periods and breaksAnnual leave (Agency workers already entitled to 28 days)Paid time off for ante-natal appointments
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Occupational Benefits Sick PayPensions Maternity, Paternity or Adoption Redundancy Pay Other Benefits ExpensesNotice PayPay Advances/Loans Trade Union Duties Pay Qualifying Period Schemes Overtime Bonuses Discretionary and Non- Contractual (not performance related) Any Other Payments
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Pay Basic payOvertime payHoliday pay Bonus/Incentives linked to personal performance Benefits Vouchers or stamps of a monetary value Paid time off for ante- natal appointments
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Hirer Managing Agent Master Vendor Managed Service Provider Neutral Vendor Recruitment Business Temporary Work Agency Intermediary Umbrella Company Agency Worker
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Pay Overtime Payments & Rules Shift Payments Extra Payments Bonus Annual Leave Vouchers
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Status of Worker – e.g. PAYE, Umbrella, LCC Average length of assignment Gaps in assignmentPay discrepanciesBenefit discrepancies Performance related bonus payments Pay scales, collective agreements, national agreements Union presence
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Clarify understanding of extent of AWR and risk Enable agency/customer to consider model to be deployed to establish the cost of compliance to establish process for information sharing to define contract changes
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Establish agency workers in scope Identification of comparable employee Obtain information from customers (Pay, benefits, holidays etc.) Modify recruitment process (exchanging information) Educate hiring managers Design and implement guidance notes for hiring managers Robust process for dealing with complaints about equal treatment Implement Day 1 rights Work in partnership to ensure compliance Ensure we stay out of Employment Tribunals Implement
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Out of scope for equal pay only Genuine Employment Contracts Contract entered prior to assignment start Paid between assignments Non working periods
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Non-working periods Reasonable steps to seek suitable work If available, offer that work Pay worker a minimum amount between assignments 4 calendar weeks 50% of highest rate paid to worker in preceding 12 weeks but not less than NMW Average number of hours worked in preceding 12 weeks period
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Focus on the higher risk areas (generally low paid arena) “One size does not fit all” Avoid dictatorial approach to LCC Do not assume it is somebody else’s responsibility/liability Be proactive Seek legal advice where applicable Case law will take a number of years to establish
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Guidance notes now published Apply best practice Work with supply chain to ensure compliance Assess impact over next three months
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