Employment Changes - Today Feb 1st

Re: Employment Changes - Today Feb 1st

Fiona French — Mon, 06 Feb 2012 21:15:41 GMT

Thanks for that Neal.

The practice I am working for at the moment has recently mentioned these new laws, but it sounds like it does not apply to me.

Re: Employment Changes - Today Feb 1st

Neal Palk — Mon, 06 Feb 2012 07:49:38 GMT

Not easy to answer fully on here as it depends on the real-World definition of 'locum' in the context of 'agency worker'. I suspect there will be some test cases going through the Tribunal process, but the current definition is:

you undertake work for a business (or multiple businesses) through a recruitment agency (also known as an 'employment business')
your contract with the recruitment agency states that you are not their employee
your contract with the recruitment agency does not guarantee that they will find you work
you can decide whether or not to accept or refuse work
the employment agency pays your wages and deducts tax and National Insurance
the employment agency pays you when you are on holiday or pays you in lieu of accrued holiday at the end of your contract
you can leave the employment agency or a particular assignment giving little or no notice
the hirer (eg the end user business you work for) can terminate an assignment giving little or no notice
you have signed on the books of several employment agencies
you work on a variety of assignments through the year for different companies

The lack of day-to-day control by the agency whilst you are on assignment usually prevents you from being their employee. Equally, you are not an employee of the business you work for, because there is no obligation to offer or accept work.

As an agency worker, there are special requirements for the recruitment agency to deduct tax and National Insurance from your wages. This, in itself, does not mean that you are an employee.

Agency workers could be offered an employment contract by a recruitment agency and would therefore become the agency's employee.

So, the above differs from a self-employed (Ltd company) individual. If - as I suspect - many locum vets are not workers/agency employees then their entitlements under the new regs are 'on' themselves to permit!

Re: Employment Changes - Today Feb 1st

Clive Ansell — Thu, 02 Feb 2012 21:44:33 GMT

None, if you're not an agency worker I guess?

Re: Employment Changes - Today Feb 1st

Fiona French — Thu, 02 Feb 2012 21:17:50 GMT

What are the implications for locums of the changes regarding agency workers, brought in October 2011?

Re: Employment Changes - Today Feb 1st

Neal Palk — Wed, 01 Feb 2012 14:16:00 GMT

Not since October 1st 2011 - do you mean since then?

Re: Employment Changes - Today Feb 1st

james herriot lied — Wed, 01 Feb 2012 13:29:49 GMT

Thanks, Neal

Something I've been meaning to get down to are some reported changes to employment rights etc for agency workers. Anything in there which might affect us locums? (speaking as a non-agency locum, I might add)

Re: Employment Changes - Today Feb 1st

Neal Palk — Wed, 01 Feb 2012 12:43:21 GMT

[quote user="Clive Ansell"]

"The guarantee payment for a 'workless day' increases from £22.50 to £23.50. Bet this doesn't feature much on this forum!!"

What is a workless day?

[/quote]

Loosely put - days when a worker is laid off due to a lack of work (when s/he would ordinarily have been at work/paid)

Re: Employment Changes - Today Feb 1st

Clive Ansell — Wed, 01 Feb 2012 12:40:30 GMT

"The guarantee payment for a 'workless day' increases from £22.50 to £23.50. Bet this doesn't feature much on this forum!!"

What is a workless day?