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11th April 2011

Draft guidance expected on borderline between employed and self employed

The guidance the government has promised on the Agency Workers Regulations 2010 (AWR) is eagerly awaited by employment agencies and their customers – many of whom, sensibly, want to see it before finalising their plans for 1 October. The latest news on timing is that the guidance will be…
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13th April 2011

4 April - Draft guidance issued on borderline between employed and self employed

The long awaited Draft Guidance on AWR was issued this morning by the Department of Business Innovation & Skills and is available here http://www.bis.gov.uk/assets/biscore/employment-matters/docs/a/11-830-agency-workers-regulations-guidance.pdf . As we suggested in this month’s article, Waiting…
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15th April 2011

Case remitted to Tribunal for review when fresh evidence came to light

In Governing Body of St Andrew's Catholic Primary School v Blundell [2011] EWCA Civ 427 the Court of Appeal permitted late evidence to be admitted and ruled that in circumstances where fresh evidence was obtained after an unsuccessful appeal to the EAT, there were sufficient grounds for a review of…
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15th April 2011

Time off for dependants: detriment and dismissal

In Clarke v Credit Resource Solutions ET/1809275/10 this week an employment tribunal held that an employee was unfairly dismissed and was subjected to a detriment for exercising the right to take time off to care for dependants The employer argued that the employee was dismissed for gross…
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