Law & Justic

Archive for the ‘Insurance’ Category

The Agency Worker Regulations (AWR) have been introduced to protect “vulnerable” workers from exploitation by way of low pay or fewer employment rights than permanent workers. It is European legislation drawn up in Brussels where there is a much smaller flexible workforce than in the UK. Basically the legislation states that after 12 weeks on the same site (or at the same place of work) the agency (or temporary worker) is entitled to mostly the same hourly rate of pay and holiday entitlement as the permanent worker doing the same job.

The legislation doesn’t define “vulnerable” and so it applies to absolutely any agency or temp worker whether you are a labourer or a doctor.

As is always the case in the UK, we don’t know what this means legally until the first cases have been heard at tribunal, once judgement is made on a few cases we may have a better understanding of what is deemed a “vulnerable” worker.

Many temporary workers receive a higher hourly rate than their permanent equivalent and so do not necessarily gain anything from the legislation, although they may get a less favourable holiday entitlement. We will have to wait until a judge has decided if higher pay but fewer holiday’s breaches the AWR.

Some low paid, unskilled workers, the people the legislation is intended to protect should be concerned. Within the construction industry for example there is no inclination to increase pay rates of unskilled workers and there is plenty of supply in this area of employment. In this sector the thought is that end user clients will just dispense with the services of agency workers on 12 weeks service and request replacements. As long as the same person doesn’t get sent to the job again they will not be in breach of AWR. The legislation that was intended to protect these workers will actually be a detriment.

The definition of a temporary work agency has a wider scope in the AWR legislation and includes not just employment agencies (or work finders) but intermediaries such as Umbrella Companies and Offshore service providers.

AWR states that the genuinely self-employed are out of scope and the regulations do not apply, however in English law there is a type of person called a “worker” who is neither an employee, not genuinely self-employed. They can provide their services in a self employed capacity for tax reasons, but are considered a worker for employment law purposes.

In the past few months there have been many “solution providers” advertising their services as taking people out of AWR by making them self-employed. This will not work but agencies and end clients do seem to be falling for the ruse. The vast majority of these solutions are based on what is written in a contract but as we know from the case of Autoclenz v Belcher and Others, Employment Tribunals look past the written contracts and at the actual real world relationship to determine whether someone is an employee, a worker or genuinely self employed. If a person turns up on a site as they have been requested to do by name and they are instructed on what to do and how to do it, they are not going to be considered to be self-employed for the purposes of AWR.

Beware of these schemes and viewing them as a magic elixir.

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Investigative Services Agency provides various plans for organizations and Governments that they can use when trying to deal with risk factors that have or may affect the business. These plans are usually provided during the management training of senior staff members of an organization by this agency. These solutions are to be used by the particular business in cases where they are looking for ways to deal with possible damages or disasters. Any organization is advised to have risk management training so that they can be ready for any of these occurrences. There are various precautions that that have to be factored in any plan. The most important of these whenever disaster strikes is for the organization to enlist the help of the upper level of management.

The second plan that Investigative Service Agency stipulate among its solutions is seeking the help of qualified disaster management agencies that are better equipped to deal with the specific situations.  Although these are risk measures that have to be taken when the disasters occur it is possible to have these measures put in place even before any disaster strikes. This includes analyzing the various possible risk factors that may affect an organization and the aspects of it that may affect any area of the business.

If you or someone you know has been injured in an accident, you must consult the tort law as soon as possible. Most people are not fully aware of this, but their legal rights to defend their rights before the Court was injured parties are only occasionally in very small amounts before the expiration would be to avoid a lawsuit.

personal injury cases are time and require expertise and the company is big enough to advance the cost of a lawsuit. Since in most cases take years to resolve almost completely, personal injury lawyer should be able to keep the taxes, fees and other expenses relating to the case and be prepared to meet these costs later, when the ‘ settlement or verdict is reached.

A specialist in personal injury cases is an expert on the types of cases, he or she will probably win. Sometimes the workload is such that counsel can not afford a new customer at a time. Do not be offended if a lawyer rejects your case for representation. It does not necessarily mean that you will not win your case it may simply mean that the lawyer has no space in his law firm for your case. It may simply mean that the lawyer did not argue the case much longer, or never examined the facts of your case. Search more lawyers if your case was originally dismissed. Some smaller companies may be willing to take a chance to represent you on a contingency basis, although other companies can not.