Agency Workers: Law and HR Best Practice

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Prepare for the introduction of the new rules and maximise the use of agency staff within your organisation whilst remaining legally compliant
In association with  
1-day Conference
29 Sep 2010
London £550 + VAT

Agency Workers: Law and HR Best Practice in brief

The Agency Workers Directive (AWD) has been on the horizon for a long time. In January, the final regulations implementing the Directive, became law. The new regulations come into full force in October 2011 and shrewd employers are already considering their impact on employment practices and their business.

Agency workers account for a significant proportion of Britain’s workforce and provide organisations with a unique flexibility and an essential resource to fill the skills gap - will you still be able to use agency workers to increase flexibility or will they now become a burden? When agency workers are given equal rights, what will be the impact on your holiday, sickness, maternity and absence policies?  These are just some of the questions that organisations and HR must consider before the regulations are implemented next year – are you prepared?

JSB’s Agency Workers: Law and HR Best Practice event will identify the key challenges for HR and resourcing professionals in navigating the complicated legal landscape to avoid costly disputes and optimise the use of temporary labour.

This event is CPD accredited.

Who should attend:

HR and Personnel Professionals, Employee Relations Managers, Recruitment Specialists, Resourcing Managers, Legal Advisors, Anyone responsible for managing or recruiting temporary labour

Conference highlights:

  • Consider how the Agency Workers Regulations will affect your business
  • Determine the legal status and rights of temporary workers
  • Benefit from best practice case studies on how to optimise the use of temporary staff and deal with common challenges in the UK and on a global scale
  • Find out the available routes for hiring foreign temporary workers
  • Identify the respective responsibilities of employer and agency and understand how you can work together to ensure legal compliance
  • Discuss your experiences and strategies with your HR peers

The Programme

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

Client testimonials

The trainer really made us think about what diversity means and how it affects the workplace and individual behaviour.

—, Health Professions Council

The Conference exceeded my expectations and there was lots of highly useful information.

—Alison Jago, Personnel Manager, Land Registry, Agency, Contract and Interim Workers Conference January 2008

Very useful. Thanks for all the advice. I particularly enjoyed the question forum.

—Alison Edelshein, Senior Manager HR, LCH Clearnet

Informative, well organised event.

—Syed Bokhari, Business Support Manager, Central Office of Information

Very detailed and put across in a simplified way

—Paul Hiscock, Operations Manager, Natures Way Foods

Very professional and informative event which brought together different perspectives on one topic.

—Jill Scoltock, Corporate Services Director, Coachwise Ltd

Venue details

Radisson Edwardian Grafton Hotel
130 Tottenham Court Road
London
W1T 5AY

Tel. +44 (0)20 7388 4131
Fax. +44 (0)20 7387 7394
Email. resgraf@radisson.com

Click here here to visit the website.

This smart West End hotel has a central location to suit business and leisure travellers. The mood is smart, colonial and clubby.

The Hotel’s extensive art collection includes new Vietnamese paintings and fine Qing dynasty temple bells. There’s a pleasing buzz to this luxury London hotel that reflects the energy of its Tottenham Court Road location, equally good for the City, the West End or even Paris via St Pancras station.

 Through the airy marbled lobby, Astons is the hotel’s soul, a lively bar and restaurant hosting an eclectic local crowd. Rooms by contrast are peaceful, stylish and ergonomically designed for ultimate relaxation.

Joining Instructions

Click on the relevant date/location to download joining instructions

Please note: You need to book and pay in advance of attendance.

Event review

JSB’s most recent Agency Workers: Law and HR Best Practice conference took place on 28 January 2010 at the Kingsway Hall Hotel, Holborn. This timely event provided key legislative updates on the likely impact of the Agency Workers Directive (likely to be implemented in 2010) from McGrigors and Charles Russell, best practice guidance to ensure you avoid the pitfalls associated with agency staff and implied contracts from NHS Professionals, Hertsmere Borough Council and Hendons, an insight into the current temporary labour market from the REC, and a trade union perspective from the TUC.

On a day when the weather was awful and the economy miserable, Kevin Green, Chief Executive of the Recruitment and Employment Confederation (REC), commenced with a lively and engaging presentation discussing the future of temporary labour in the UK. This interesting session provided an overview of how the current economic climate might affect the use of agency workers. In the UK’s dynamic labour market, where 10,000 people are employed every day, even in the struggling economy, a plethora of talent is available and 5% of the working population are temp workers on assignment each week. Drawing on his own experiences as HR Director at Royal Mail, Kevin described how he was suddenly landed with the task of dealing with the 25-30,000 temp staff employed during the busy Christmas period whilst ensuring compliance with legislation. Kevin also discussed the Agency Workers Directive (AWD), which the REC are eager to implement in October 2010 (29 years after it was originally discussed!) when the economy is more stable and organisations are better able to cope with the new demands.

The next presentation focused on the legislative and political developments and the implications of the AWD from agency to end user, led by Angus Menzies of McGrigors. This informative presentation highlighted key issues that still need resolving, as well as the Working Time Directive, the withdrawal of the staff hire concession, sick pay, umbrella companies and the use of overarching employment contracts. Angus demonstrated that the UK needs as much flexibility as possible in this challenging economic climate.

After the break Hannah Reed, from the TUC offered a trade union perspective of the impact of the AWD. She described the TUC’s role in campaigning for decent employment rights and aiding unions to make the most of advances in employment protection. The TUC has championed the opinion that the labour force should be de-casualised and that all workers should have equal employment rights – an overall stance of fairness and flexibility.

The final presentation before lunch was based on avoiding implied contracts and was led by Michael Powner from Charles Russell. Michael touched on recent case law that has occurred in this area, such as, Bunce v Postworth, Hewlett Packard v O’Murphy and Cable and Wireless v Muscat. He demonstrated how confusion can arise regarding employment status as well as how to avoid an ‘implied’ employment contract and practical considerations to minimise liability risks.

After lunch, the presentations continued with two public sector case studies from David Grantham, NHS Professionals and Judith Fear, Hertsmere Borough Council. David spoke about how NHS Professionals deliver temporary staffing needs whilst satisfying the legal requirements, the practical issues – contracts, employment checks, learning and development, and pay and disciplinaries - whilst ensuring quality and value for money. In contrast, Judith discussed the benefits of the councils’ Comensura contract, the impact of temporary labour on permanent staff and how they are already preparing for the AWD.

The final presentation of the day was delivered by James Goldman from Hendons who described the somewhat confusing triangular relationship between the agency, agency worker and end user. His presentation clearly set out who was responsible for each part of the process, what issues could potentially arise and how to maximise the relationship to make it a successful and rewarding experience for all involved.

The day came to a close with a panel session which allowed delegates to have any outstanding questions answered by James Goldman, David Grantham, Angus Menzies and Michael Powner.

Before its implementation in 2010, there is still a long way to go before the Directives’ impact on UK businesses and the temporary labour market can be assessed. However, it is apparent that HR must have a good understanding of the Directives developments and prepare their organisation for any potential issues that may arise. With the new extension to their rights, it is vital employers plan and prepare when taking on agency staff to avoid being tripped up despite the attractions associated with employing temporary staff. Employers need to guard against underestimating the employment law covering agency workers.

NEW Dates Scheduled - Agency Workers: Law and HR Best Practice - London, 27 Sep 2010 

JSB Media Partner

Download latest brochure:

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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Testimonials

“The Conference exceeded my expectations and there was lots of highly useful information.”

— Alison Jago, Personnel Manager,
Land Registry, Agency, Contract and Interim Workers Conference January 2008

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