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Employment Law 

Agency Worker Regulations - what is all the fuss about?

We could ask that question. Yet, there will be significant changes for employers of "temps", those that supply "temps" and of course - the "temps" themselves.

At the moment - late October 2011 - we are awaiting the true effects. We are aware of the 'Swedish Derogation' and are interested that Tesco, for one, is defending its right to operate this option. Basically, it appears Tesco is placing all the risk of the sourcing of "temps" onto their suppliers - in line with the Swedish option (so called, as the Swedish Government lobbied hard for the option).

What we do know is that the right to access vacancies in organisations from Day 1, in theory, should not be an issue for companies. The "temp" might have the right to access but might not possess the skills to do the role. Post-24 December [when the "temp" will have access to equal treatment, in effect, to 'permanent' staff] will be more of a challenge...but perhaps not in the current economic climate.

We feel that we need to await a 'boom' economy before the true effect of the AWR is seen.


Additional Paternity Leave


This establishes the right - given qualifying rules - for parents to share care of a child through sharing paternity leave. Linked, clearly, to maternity rules, HepworthHR can help you understand the impact for your business - so Contact Us

Default Retirement Age

The default retirement age is phased out. So - employees now simply resign if they wish to leave, or the employer has to manage a dismissal procedure, as with any other employee whatever their age.

Positive Action Under The Equality Act

In certain circumstances, an employer will be able to select a candidate with a protected equal opportunities characteristic over a candidate without such a characteristic where the two candidates are as qualified as one another for a position. 

General Public Sector Duty 

This requires public bodies to have due regard to the need to eliminate unlawful discrimination and to advance equal opportunities.

Statutory Payments

The rate of Statutory Sick Pay increases to £81.60 per week.

The basic rate of Statutory Maternity, Adoption, Paternity Pay increases to £128.73. 

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