Category: Recruitment Industry
The IR35 off-payroll rules – what now?
On 17th March 2020, just 2 days before the Finance Bill 2020 was published and only 20 days before the IR35 Off-Payroll Rules were to be implemented in the private sector, they were deferred until 6th April 2021. Huge sighs of relief were heard throughout the recruitment industry, and there opened-up another opportunity for the... Read more »
Answers to some of your questions about the changes to the IR35 off-payroll rules
We’ve put together a list of “the little things” that everybody needs to know regarding the changes to the IR35 off-payroll rules: Under the off-payroll rules a recruitment business is the “fee payer” as it is the party immediately above the contractor’s PSC which is the “intermediary”. The contractor is the “worker” and the... Read more »
Recruiters – Is there a binding agreement in place?
When it comes to recovering placement fees, some clients may try to wriggle out of paying you because they didn’t expressly accept your terms of business. Basic contract law states that in order for a contract to be binding, it must be communicated to and accepted by the other party. However, a contract doesn’t actually... Read more »
The end of Swedish Derogation and what it means for you
As well as keeping on top of the changes to IR35, there will also be changes to the Agency Worker Regulations (“AWR”) to worry about come 6th April 2020. Currently, under the AWR, agency workers can work under “Swedish Derogation” which means that instead of receiving the normal pay rights awarded to agency workers after... Read more »
Recruiters Legal Mistakes & How To Avoid Them
Over the years of acting for recruitment companies, I have come to see the legal mistakes that are frequently made, and now take the opportunity to help you learn how to avoid them. One of the fundamental errors that are made, and I can’t tell you how often, is not to send terms of business... Read more »
Top tips for recruitment businesses from a legal perspective
I’ve been asked to give my top tips for recruitment businesses from a legal perspective. I could probably speak or blog for hours about this, but here are a few tips to help you on your way. 1 If you are agency recruiters and you use umbrella companies to facilitate candidate placements, do your due... Read more »
Where recruiters get it wrong in contracts
This blog accompanies the The Recruitment Network video about where recruiters get it wrong in contracts. The first area that I flagged up in the video is contracts containing unreasonable and unenforceable terms. Often called penalty clauses, unreasonable and unenforceable terms will not be upheld against the other party to the contract. The sorts of... Read more »
The do’s and don’ts for contracts
This blog accompanies the video that I recorded for The Recruitment Network on the dos & don’ts for contracts. In my video I whittled them down to a handful on both sides, although there will be others that don’t appear in these lists. DOS The primary do is to have your contract terms properly drafted,... Read more »
Don’t get caught in the IR35 trap!
With the new legislation for the private sector to be implemented in April 2021, we want to ensure that neither you nor your candidates get caught in the IR35 trap. These tips will also apply to any contractors currently working within the public sector. As you already know, remaining outside IR35 revolves around three main... Read more »
How enforceable are restrictive covenants?
Restrictive covenants form part of an employment contract and aim to restrict an employee from certain activities once they leave their employment. These restrictions are put in place when employees hold company confidential information and/or have close relationships with clients, candidates, and other employees. Restrictive covenants provide an aspect of protection of the company’s legitimate... Read more »