Law & Justic

Archive for the ‘law and crime’ 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.

Law practice management is marketing. Anthony O. author of the classic book Marketing Your Services, defines marketing as follows: “Marketing is a set of lenses you use to look at your business – your entire business. also wrote Marketing is the intentional process of creating and maintaining the relationship of “customer”. Thus managing employees well is marketing. This topic has come up this month since some of my coaching clients have been having significant staffing issues. These staffing issues have negatively impacted their ability to market appropriately as well as upset some of their clients (not a good thing of course). Let me review some law practice management principles around staffing issues.

The main principle is to “hire slow and fire fast”. By this first part of the saying “hire slow” I mean take your time when hiring. Don’t hire the first person you think is good. Particularly if they came from an advertisement since most people answering ads are not the cream of the crop. In law practice management you will need to learn some recruitment skills. You can get a good start on learning some via my seven part auto responder course on time management/productivity that you will find on my website under the resources tab.

In law practice management these days you need to seriously consider using  -employment testing since this has been honed to a fine art. You can get what I call “Mr. Science’s” opinion on your best candidate(s). Additionally, interviewing is less an art than a science these days as well. You need to learn some of those law practice management skill sets.

Another related principle is to pay the right person for the job up to 20% over the market rate (especially if you are a solo or small firm) so they are very happy campers with no temptation to be looking elsewhere thus they will be with you for the long haul. Why pay so much? This is not a time to be penny wise and pound foolish. The cost of changeover is incredible. The cost of a wrong hire is even more expensive. The cost to your marketing efforts is also an issue. You want this good employee to be very happy and motivated to do well. Money in law practice management is a good way to do that of course.

You might discover personal injury lawyers from several unique places. Primary, you could possibly consider buying a referral at a trusted friend or it could be another professional like your health practitioner or another person who is effective locally from the health health care field.

There are other regional directories which are dedicated to listing in addition to reviewing accidental injuries attorneys in your local area.

One on the better ways to get a reputable, experienced personal injury attorney is usually to ask an attorney at law you confidence who does not work with this injury rules specialty. Are you aware of a good real estate investment lawyer? Exactly who did ones will? Often you’ll discover they include friends or maybe colleagues or maybe even went to help law classes with someone who’s going to be an injury attorney.

Keep trying for referrals. Whether or not injury law firm you primary are called cannot carry your case request for referrals likewise.

There usually are several selling ads online directories where by attorneys pay in promoting. This is an effective place for getting information. Really it is not an unsatisfactory sign them to attorney is interested in their small business enough to afford advertising. You have to find a mishap lawyer who is not just competent but wishes to take ones case.

There is usually a difference concerning common rules marriage in addition to cohabitation. Now and again if that you are a cohabitant, you may very well be considered single and in some cases if that you are common rules married that you are considered married as you did it the more common way.

The change between cohabitation in addition to common rules marriage is vital. If that you are a cohabitant, you will be legally thought to be single; for anyone who is common rules married, you usually are legally thought to be married towards same degree as you had some sort of ceremony. And so, how are you aware of if that you are married from the eyes on the law? Common rules marriages usually are recognized in only certain expresses, including this District connected with Columbia, Alabama, Colorado, Iowa, Kansas, Montana, Okla, Pennsylvania, Rhode Area, South Carolina, Colorado front range and Utah.

In obtain to get a popular law marital life, you whilst your partner, on the whole, must recognize either on paper or orally to choose a husband/wife marriage, hold yourselves out as couple and acquire a reputation to be a married couple of. The time you’ve cohabitation may be involved in this determination connected with common rules marriage. Common rules marriages commonly are on a heterosexual newlyweds.