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  • Employment Memo - Pre-employment - Recruitment and selection - III. Recruitment procedure - Recruitment methods - 585
    A vacancy can be publicised in a range of ways, and more than one method is often used (see table below). To avoid discrimination, employers need to give some thought as to which method(s) to use. Not advertising, or advertising in certain publications with a narrow readership, or using particular recruitment methods may restrict the groups of applicants who can apply. In order to avoid claims of indirect discrimination, the employer should place adverts in publications that will reach individuals who have...
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  • Employment Memo - Pre-employment - Recruitment and selection - Monitoring and data protection - Data protection - Advertising - 678
    Applicants should be informed of the name of the organisation to which their information will be provided and how it will be used, unless this is self-evident (normally the case with adverts for specific jobs, where the employer's name is on the advert). If the link between the requested information and its potential use is unclear, an explanation must be given. If a recruitment agency is used, it must identify itself when placing an advert on behalf of an employer and explain how an applicant's personal data...
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  • Employment Memo - Agency workers - Introduction - 2035
    Agency workers are often used by businesses (referred to here as end-users) to help on a short-term basis, due to an increased workload, to act as a cover for absent staff or for a one-off project. As well as the agency worker and the end-user there is a third party involved in the form of an employment business (referred to as an agency for the remainder of this chapter). The agency has numerous workers on its books and supplies them to end-users to work on assignments under the end-user's instructions and...
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  • Employment Memo - Agency workers - Equal treatment - Agency worker - 2066
    An agency worker is defined for this purpose as an individual who is supplied by a temporary work agency to work temporarily for and under the supervision and direction of an end-user and has a contract with a temporary work agency which is a contract of employment with the agency or any other contract with the agency to perform work or services personally (reg 3 SI 2010/93 ). An agency can be a company which supplies such temporary labour for and under the supervision and direction of hirers, even where they...
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  • Employment Memo - Agency workers - Equal treatment - Information requirements - 2099
    It is in the interests of all parties to exchange information in a timely manner to ensure compliance and a certain level of protection against claims. Further, even after initial information has been given, end-users should inform agencies if there have been any changes to terms and conditions and pay rates which affect agency workers. Likewise, agencies should put in place reminders so they can check with end-users that all the information they have with regard to basic working conditions is up to date.
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  • Employment Memo - Pay and conditions - Tax - Earnings - Who is taxable? - Agency workers - 3102
    Most agency workers are treated as deemed employees of the agent for tax purposes, and all related remuneration will therefore be employment income and subject to PAYE if (ss 44 - 46A ITEPA 2003 ): - an individual (the worker) personally provides services to another person (the client); and - there is a contract between the client (or a person connected with the client) and a third party (the agency) and as a result either: - the worker's services are provided; or - the client pays, or otherwise provides...
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  • Employment Memo - Trade unions, collective bargaining and industrial action - Strikes and other industrial action - Industrial action - Restrictions on hiring agency workers during industrial action - 7508
    Employers are prohibited from hiring agency workers to cover the duties normally performed by an employee of an organisation who is taking part in a lawful strike or other industrial action, or to cover the work of an employee covering the duties of an employee taking part in a strike or other industrial action (reg 7 SI 2003/3319 ). There were proposals to remove restrictions banning employers from hiring agency staff to provide essential cover during strikes, but these were abandoned and are not contained...
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