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The Agency Workers (Amendment) Regulations 2018 30/01/2020The Regulations will come into force on 6th April 2020. Currently, under Regulation 10 of the Agency Workers Regulations, agency workers can waive their right to equal pay even if they meet the 12 week qualifying period but in return can opt to receive a payment in between assignments for at least 4 weeks before the contract is terminated. This is known as the “Swedish Derogation”. With effect from 6th April 2020: Agency workers can no longer waive their right to equal pay. Agency workers on a Swedish Derogation contract must receive a written statement from their agency ...
Statement of Terms 05/11/2019As a result of its commitments set out in the Good Work Plan the government will be extending the entitlement to a statement of ‘written particulars’ to include workers as well as employees (Part 2 of Employment Rights (Miscellaneous Amendments) Regulations 2019). Currently employers have up to two months to issue the statement to any employee working for them for more than a month but from April 2020 the right to a statement of written particulars will become a day one right. The information to be included in the written statement from day one is also being expanded. (Employment Rights ...
Holiday Pay 05/11/2019In the Good Work Plan the government made a commitment to improving the holiday pay arrangements for seasonal workers and to do this is lengthening the reference period for determining an average week’s pay from 12 weeks to 52 weeks. (Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018). Employers should ensure that they keep records of employee pay for the 52 weeks prior to 6 April 2020 and continue to do so thereafter....
Abolition of Swedish Derogation 05/11/2019After 12 weeks of service, an agency worker is entitled to receive the same level of pay as a permanent worker, unless the agency worker opts out of this right and instead elects to receive a guaranteed level of pay between their temporary assignments (often referred to as “the Swedish derogation”). This opt-out will be removed (proposed to take effect in April 2020) because often agency workers are financially worse off taking the Swedish derogation route....
P46 no longer valid 02/04/2019In the past when registering with an agency, or starting a permanent job with a new company, you have probably been asked to complete a P46 tax form. The purpose of this form was for your employer to submit to the HMRC in order to allocate you the correct tax code. The P46 could be used for three purposes; either in lieu of your last P45, if you were starting your very first job, or if you were starting a second job without leaving your current job. The P46 was replaced by the New Starter Checklist in April 2013, which encompasses a series of relevant questions which allows your employer to ...
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