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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:

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Liability and Remedy

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  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

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