Agency worker definition

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Agency workers: checklist of rights

Agency workers: checklist of rights This Checklist sets out: • the rights that an agency worker will have under the Agency Workers Regulations 2010, SI 2010/93 (AWR 2010) (see: Rights under AWR 2010 below) • the rights that an agency worker may have under other relevant legislation (see: Rights under other legislation below), and • the specific exclusions that apply (see: Exclusions below) An agency worker may also have rights as an employee or as a worker, provided they meet the requirements of the relevant definition. For further information: • on the meaning of ‘employee’, see Practice Note: Employee status • on what is a worker, see Practice Note: Worker status • on the rights that an agency worker may have as a employee or as a worker, see: Employees and workers: checklist of rights Rights under AWR 2010 For the purposes of AWR 2010, SI 2010/93, an agency worker is an individual: • supplied by a temporary work agency to work temporarily for, and under the supervision and direction...

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Employment status of agency workers

This Practice Note considers the tripartite relationship between an agency worker, the agency with which the agency worker has a contract and the hirer or end user (sometimes known as the principal) and, in particular, whether the agency worker may be a worker or employee of the agency or the end user.There are four important areas in which the law affects agency workers:•the regulation of employment agencies and businesses•equal treatment of agency workers under the Agency Workers Regulations 2010 (AWR 2010), SI 2010/93•the employment protection rights derived from their status as agency workers, and•the employment protection rights derived from their status as a worker or, in some cases, an employeeThese areas operate independently of each other. For example, rights under AWR 2010, SI 2010/93 are not dependent on employee status at common law, nor do they affect or simplify that status; nor do AWR 2010, SI 2010/93 affect the major rules on the conduct of employment agencies and businesses.For further information on:•the regulation of employment agencies and businesses, see Practice...

Rights under the Agency Workers Regulations 2010

There are three important areas in which the basic position of an agency worker is affected by the law:•the regulation of employment agencies and businesses•the right of temporary agency workers to equal treatment under the Agency Workers Regulations 2010 (AWR 2010), SI 2010/93, and•the employment protection rights of agency workers, derived from their status as a worker or, in some cases, as an employeeThese areas operate independently of each other. For example, rights under AWR 2010 are not dependent on employee status at common law, nor do they affect or simplify that status; nor do they affect the major rules on the conduct of employment agencies and businesses.This Practice Note covers the rights of agency workers, as provided by AWR 2010.For a checklist of the rights that an agency worker may have as an agency worker under AWR 2010 and other legislation, see: Agency workers: checklist of rights.For further information on:•the regulation of employment agencies and businesses, see Practice Note: Employment agencies and employment businesses•the employment protection rights that an...

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Policy—tips, gratuities and service charges

Policy—tips, gratuities and service charges 1 Introduction 1.1 This policy sets out the Company’s policy on allocating tips, gratuities and service charges (referred to in this policy as ‘tips’, for convenience), in accordance with the Employment (Allocation of Tips) Act 2023 (Tipping Act 2023) and the statutory Code of Practice. It sets out how tips will be allocated between staff, the process that we will follow and when tips will be paid. 1.2 This policy covers: 1.2.1 cash tips left by customers; 1.2.2 [ [discretionary ]service charges added to the customer’s bill and paid by the customer;] 1.2.3 tips paid by card, or via an alternative electronic method eg mobile phone app. 1.3 This policy applies to all employees, workers and agency workers working for us [in our restaurant(s)]. It will be made available to all our staff [on the Company intranet OR in the Employee Handbook]. Agency workers will be provided with a copy [by us at the start of their engagement OR by their temping...

Notice of entitlement for shared parental leave and/or pay: fathers and partners [Archived]

Notice of entitlement for shared parental leave and/or pay: fathers and partners [Archived] Instructions: please read all of this before filling in the form Throughout this form, references: • to the ‘child’ mean the child (whether or not yet born) in respect of whom you are seeking to exercise shared parental leave/pay rights; and • to the ‘Mother’ mean the mother or expectant mother of that child. In order to take shared parental leave and/or claim shared parental pay, you must be: • the father of the child; and/or • married to the Mother; or • the Mother’s civil partner; or • the Mother’s ‘partner’. In this context, ‘partner’ means a person who lives with the Mother, and will live with the child, in an 'enduring family relationship', but is not the Mother’s child, parent (including adoptive or former adoptive parents), grandchild, grandparent, brother, sister, half-brother, half-sister, aunt, uncle, niece or nephew. Assuming you fall into one or more of those categories, note that all references throughout this...

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Where an agency worker with 12 or more weeks on an assignment has been suspended by the hirer pending a disciplinary investigation, would they be entitled to pay during the period of the suspension, either under the Agency Workers Regulations, or in light of the EAT decision in Obi v Rice Shack Ltd (UKEAT/0240/17/DM)?

Where an agency worker with 12 or more weeks on an assignment has been suspended by the hirer pending a disciplinary investigation, would they be entitled to pay during the period of the suspension, either under the Agency Workers Regulations, or in light of the EAT decision in Obi v Rice Shack Ltd (UKEAT/0240/17/DM)? When it comes to the disciplinary suspension of an agency worker, and whether they are entitled to payment during their period of suspension, it may be necessary to consider: • whether the agency worker is an employee • if not, whether they have a contractual right to pay while suspended • whether they are covered by the statutory protection against unlawful deductions • what the effect is of the Agency Workers Regulations 2010 (AWR 2010), SI 2010/93 Employment status of the agency worker Usually, an employee would be entitled to their normal pay and benefits during any period of suspension pending a disciplinary investigation, and this entitlement would form part of their contractual...

If an agency worker has a claim under section 44 of the Employments Rights Act 1996 for detriment due to raising a health and safety issue, could they claim against the hirer, the employing agency or both?

If an agency worker has a claim under section 44 of the Employments Rights Act 1996 for detriment due to raising a health and safety issue, could they claim against the hirer, the employing agency or both? There is no stand-alone right for an agency worker not to be subjected to a detriment for raising a health and safety issue. An agency worker may only bring a claim under section 44 of the Employment Rights Act 1996 (ERA 1996) for detriment on the grounds that they have raised health and safety concerns if they are an employee. Specifically, an employee has the right not to be subjected to any detriment by their employer done on the ground that they brought to their employer’s attention, by reasonable means, circumstances connected with their work which they reasonably believed were harmful or potentially harmful to health or safety where: • there was no official channels (ie no safety representative(s) or safety committee), or • where it was not reasonably practicable to raise the...

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Brexit: UK decides to go it alone—how industry reacted

The professional sectors have been quick to react to the vote by the British public to leave the EU. While the decision undoubtedly divides opinion and causes uncertainty socially, politically and economically, business and the professional services industries have been united in calling for leadership in the transition and stability in the markets.