1 / 11

Liability and Remedy

Liability and Remedy. Right to Information. Day one rights: Written request to hirer at any time after first day 28 days to respond in writing NB: can you objectively justify treatment?. Right to Information. Right to basic employment rights:

mizell
Download Presentation

Liability and Remedy

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Liability and Remedy

  2. Right to Information Day one rights: • Written request to hirer at any time after first day • 28 days to respond in writing NB: can you objectively justify treatment?

  3. Right to Information Right to basic employment rights: • Written request to agency after 12 weeks has elapsed • If no response received within 30 days can make written request to hirer

  4. Example 1 Mrs Smith works for NewCo, she has been there 3 days and wants to know if she can use their child care facilities.

  5. Example 2 Mr Gray believes he has not been receiving the correct rate of pay. He has worked for NewCo for 10 weeks.

  6. The Employment Tribunal A claim can be presented within 3 months of the alleged breach. Adverse inferences?

  7. Remedy • Loss of earnings • Some other appropriate amount • A Declaration setting out rights

  8. Anti-Avoidance Prohibited structure: • 2 or more assignments • Same or connected hirer • Different roles

  9. Anti-Avoidance (2) Must be an intention to “deliberately deprive an agency worker of their entitlements” £5000 penalty

  10. An action plan • Audit of all current agency workers • Skills matrix for each role • Provide agency with your standard terms • Keep track of length of assignments. • Short term assignments only?

  11. Joanna PowellEmployment DepartmentTel: 01702 238545Email: joanna.powell@btmk.co.uk

More Related