Agency
Workers Directive - egos®
The Agency Workers Regulations 2010 come into force on
1st October 2011. A copy of the regulations (updated by the 2011
amendment regulations) can be found here.
At
the time of updating this page, the most recent official guidance was that
published on 27th May 2011 and is marked 'URN 11/949' on the last page. A
copy can be found here. Additional guidance in relation to supply
teachers was published at the beginning of August 2011, and can be found here.
The Agency Workers Regulations may be viewed by some as representing yet
more risk and administrative burden for business – but for the
freelancer, they offer opportunity.
It is clear from the regulations that they simply do not apply in the
case of freelancers operating their own businesses.
They also will not apply where the individual is not working under the
control of the client, and where this position is supported by the contract.
These aspects of the regulations therefore offer freelancers a
competitive advantage:
– the wise end client
should be more encouraged to look to freelancers to satisfy their needs
– the wise end client now
also has something to gain itself by engaging freelancers on IR35-friendly
contract terms which are not unnecessarily self-indulgent in terms of reserving
rights to control – since where there is no supervision or direction by
the end client, the regulations will not apply.
PCG’s guide to the Agency Workers Regulations is focused on giving the
reader a clear understanding of where the regulations do and do not apply. I was happy to play a small part in its
creation. A copy of it can be viewed here.
Changes will be needed to working practices to accommodate the
requirements of the regulations. We can
help, both with strategic planning, and with implementing the chosen
approaches.
The regulations make changes to the way in which agencies, umbrellas,
and end clients will have to operate and so will affect freelancers and
contractors.
If you need advice on issues relating to the regulations please contact
us.
[mail to Egos Consultancy Ltd]
[Egos Consultancy Ltd 'Welcome' page]
If you're
another lawyer or an accountant reading these pages, I'd be happy to discuss
any points arising with you - particularly if you'd like to debate any points
where you disagree with my views - mail
me!
This page
was last updated on 15th August 2011.
No
liability is accepted for any inaccuracy in the information in these pages - see full disclaimer
© Egos
Consultancy Ltd - ecl@egos.co.uk 2011 - All rights reserved - see full copyright details
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