Agency Workers: Law and HR Best Practice

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The Programme

Agency Workers: Law and HR Best Practice

08:30
Registration and Welcome
09:20
Chair’s Welcome
09:30
Keynote address: Impact of the AWD and Regulations on labour markets

Sarah Veale CBE, Head, Equality and Employment Rights Department, Trades Union Congress 

  • Making the Regulations work
  • Compliance through negotiation and agreement rather than litigation
10:15
Implications of the Agency Workers Directive – benefits and drawbacks from agency to end user

Michael Bradshaw, Partner, Charles Russell

  • Legislative and political developments - How will the change in Government affect the Agency Workers Directive?
  • The principle of ‘equal treatment‘ - what does it means and how is it defined?
  • The 12 week qualifying period
  • What terms and conditions are covered
  • Working time and holiday entitlements
  • Pay and benefits
  • Pregnant women and new mothers
11:00
Coffee
11:15
Understanding existing rights and risks in respect of agency workers

Nick Hurley, Partner, Charles Russell

  • Employments status - where are we now?
  • Lessons from case law on sham contracts
  • Discrimination protection for agency workers
  • Liability for acts of agency workers
  • Overview of additional key employment rights of agency workers
12:00
Case study: Lessons learned from the public sector
12:45
Lunch
13:45
Employing agency workers from outside the UK – immigration issues

Laura Devine, Principal, Laura Devine Solicitors

  • Employing and vetting non EU nationals
  • Understanding the Points Based Immigration system
  • Tiers of the Points Based System
  • Sponsorship licence applications
  • Employers’ duties and liabilities
  • Employers’ sanctions
14:45
Case study: Managing agency workers and contractors on a global scale

Kevin Barrow, Partner, Osborne Clarke

  • Why it was decided to develop and introduce a global programme
  • Mitigating risks and performing legal due diligence
  • Engaging with suppliers and partnering with procurement
  • What processes were implemented?
  • What we learned, triumphs and defeats
15:30
Tea
16:00
Implementing the new regulations: a recruitment agency perspective

Damien Whitham, Commercial Director, UK EMEA, Manpower

  • How will the new Agency Workers Regulations impact on the agency labour market?
  • What positives will the Directive and resulting legislation bring?
  • Where does liability fall?
  • The agency's responsibilities
  • HR's responsibilities
  • Working together to ensure compliance
  • Managing a claim from an agency worker
16:45
Chair's closing remarks and close of conference

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Agency Workers Conference 2010 (2,272KB)

 

The Speakers

Our People

Michael Bradshaw

Our People

Laura Devine

Our People

Kevin Barrow

Michael Bradshaw is a partner in the Employment and Pensions Service Group of City firm, Charles Russell LLP. Michael specialises in all aspects of employment law and has built up particular expertise in the area of atypical workers and the employment rights of agency staff. Michael acted for Cable & Wireless in the widely reported Muscat –v- Cable & Wireless case and has experienced the treatment of this issue by the Tribunals and Courts, all the way up to the Court of Appeal. Muscat remains a key decision in understanding when employment rights may arise, as identified in James –v- Greenwich Council. He advises a range of clients on these issues and his clients in this area include national and international employment agencies. He regularly provides client training on the matter and speaks on the subject. Michael otherwise provides advice to businesses on the full range of employment matters, including managing dismissals, Employment Tribunal claims, reorganisations and redundancies and TUPE transfers. His expertise in this area was also recognised by the Legal 500 (2006 Edition) and he is a regular contributor to the HR and personnel press. Laura Devine is head of a large niche immigration firm with an office in London and an associated office in New York which provide UK and US immigration advice to a broad range of clients.  Her team of 17 specialist lawyers is identified as an ‘immensely capable team’ with a ‘sheer number of first-class practitioners’ with technical expertise, approachability and exceptional client service.  Laura is the UK representative of the International Bar Association Immigration Committee, a council member of the Law Society, a member of the Law Society Immigration Committee and a fellow of the Center for International Legal Studies, a member of the Immigration Law Practitioners’ Association, the American Immigration Lawyers Association and the New York State Bar.  She is the immigration correspondent for the Law Society Gazette and a contributor to Tottel’s Immigration Asylum and Nationality Law.  Laura is an English solicitor and a US attorney with an LLM from the London School of Economics.  She established the immigration practices at Coopers & Lybrand (now PWC) and Eversheds, before establishing her own law firm in June 2003 which is rated in all legal directories in the top tier of immigration firms.  She is a visiting lecturer at Queen Mary University London and is recognised as the highest nominated UK immigration practitioner by interviewees worldwide in Who’s Who Legal 2009. .Laura has visited over 70 countries.

 

 Kevin is a partner in Osborne Clarke`s employment practice in the firm`s recruitment and resourcing team.  He advises on national and international flexible workforce projects,  including business process, HR and recruitment process outsourcing, as well as business protection, tax and regulatory advice relating to temporary and contract staff.Kevin`s clients include Harvey Nash Group plc, Matchtech Group plc, Robert Walters plc, Radia and many other suppliers and users of recruitment and staffing services.

Kevin is an acknowledged expert in the recruitment sector and speaks regularly at industry conferences and seminars.  He is an active member of the Association of Professional Staffing Companies, runs quarterly workshops for the Chartered Institute of Purchasing and Supply and is regularly involved in consultations with the UK Government about employment and tax legislation affecting the use of temporary and contract staff.  He joined Osborne Clarke as a partner in January 2010. 

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