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Legal Guide contents

Your organisation needs to run smoothly and effectively. The Legal Guide is an invaluable resource to keep you informed so you can get on with running your business.

This Guide provides in an easily searchable format a wealth of answers to members’ frequently asked questions on all aspects of running a recruitment business; and with over 40 model documents this resource can help you to comply with the legal requirements relevant to your organisation in relation to:

Top ten recently asked questions: Recovering unpaid fees - I supplied my client with a temporary worker for 3 weeks and my invoice has not been paid. What are my options?

Data protection - can I keep candidates' CVs on my database even though I do not have anything suitable for them?

Redundancy - how do I calculate a redundancy payment?

Statutory maternity pay - who qualifies for SMP?

Holiday pay - how much holiday pay is a worker entitled to?

Holiday pay - how much statutory leave are workers entitled to?

The Conduct Regulations - what are the Conduct Regulations?

Employment status - if I employed the temporary worker on a contract of employment would this be guaranteed to protect my client from claims of employment status?

I supplied my client with a temporary worker who he now wants to take on permanently. Can I charge my client a fee?

My client is looking for permanent candidates but wants to take them on a ‘temp to perm’ basis for the first three months. Are there any restrictions on the fee that I can charge?
Recently Updated: VAT - and the Healthcare Sector

I sent my client a CV of a candidate who they interviewed and rejected. I now find that they have taken her on – can I charge a fee?

I sent a CV of a candidate to a client and they interviewed the candidate and want to engage them. They now say that they had already received the CV from another agency who are claiming the fee as they got the CV to the client first – who is entitled to the fee?

Competition law - what steps can I take to protect myself?

Competition law - how do I know if a business is abusing a dominant position in the marketplace?
Legal News: Dates confirmed for REC's AWR workshops
The REC is stepping up its Agency Workers Regulations campaign from next month through a series of regional workshops at which members can learn more about how these industry-changing rules will impact on their businesses.
100 Days Diagnosis - The Government's direction of travel is good: now is the time for concrete action, says Green
Today, the new coalition Government reaches its 100 day milestone with the REC’s overall assessment being that it has the right intentions but now needs to follow-up with concrete action on jobs and regulations.
AWR Latest - REC puts industry case to new Minister
REC Chief Executive, Kevin Green and Tom Hadley, Director of External Relations met Edward Davey, the new Employment Relations Minister yesterday (Tuesday) to take forward the recruitment industry’s ongoing concerns over the forthcoming Agency Workers Regulations.
AWR webinar flags latest member concerns
The REC’s first webinar on the Agency Workers Regulations yesterday proved a huge success, with over 250 members registering to take part – the maximum allowed under the licence.
AWR latest - REC webinar goes live
The REC will be hosting a live webinar tomorrow (July 22) to provide members with the latest update and employer feedback on the Agency Workers Regulations.
Business and skills the focus of next REC Engineering & Technical Briefing
The London Briefing of the REC's Engineering & Technical sector group taking place on July 7 will focus on business and skills.
REC launches new AWR toolkit
With the Agency Workers Regulations (AWR) just 16 months away, the REC is today (Thursday June 17) launching a new phase of its ongoing AWR campaign. The aim is to help recruiters and their clients prepare for the legal, practical and even technological challenges that the new regulations will present.
AWR Latest – the REC’s message to new BIS Minister
Following last week’s announcement that Vince Cable is the new Secretary of State for Business, it has now been confirmed that the Minister with responsibility for recruitment industry regulations within the Department for Business (BIS) is the Liberal Democrat MP Edward Davey.
REC messages to new Cabinet members
The new Cabinet was announced yesterday and Ministerial teams are expected to be finalised during the course of the day.
REC ramps up client focus in AWD campaign
The REC will be focusing on the client perspective in the next phase of its ongoing Agency Work Regulations campaign.
AWR latest - REC continues to lead the debate on implementation
Whilst the nation is gripped with election fever, the REC is getting on with the next steps in its campaign on the Agency Workers Regulations.
AWR – REC discusses implementation with EU Labour Law Unit
The REC took part in a round-table session with the European Commission’s Labour Law Unit to discuss national implementation of the EU Directive.
REC to chair ‘Managing a Temporary Workforce’ conference
The REC will be taking the chair at the Managing a Temporary Workforce conference in central London on April 29.
REC flags up key policy campaigns for 2010
2010 will be a pivotal year in terms of influencing the political debate and preparing for new regulations on the industry. In addition to sectoral campaigns in areas such as healthcare, technology, construction, interim management and financial services, the REC has identified a number of key lobbying priorities for the industry in 2010.
AWD deadline signals D-day for flexible jobs, says REC
Today (Friday 11th December) is the latest milestone in the ongoing saga of the Agency Workers Directive with the close of the Government’s consultation on how equal treatment measures for temporary workers can best be implemented in the UK.
REC meeting Minister today to discuss AWD
The REC is today meeting Pat McFadden, Minister for Business Innovation and Skills to discuss some of the points still outstanding on the Agency Workers Directive ahead of the closure of the consultation period on Friday.
REC counters Early Day Motion call for early AWD implementation
The REC has today written to all 60 Labour MPs who signed an Early Day Motion calling on the Government to reverse its decision and agree an early implementation of the Agency Workers' Directive.
AWD draft regulations now out: REC responds
The Department for Business (BIS) has published its draft regulations outlining how the EU Agency Workers Directive will be implemented in the UK.
REC embarks on final AWD push with publication of draft regulations now imminent
With publication now imminent of the Government’s draft regulations on implementation of the EU Agency Workers Directive, the REC has re-emphasised the need to protect the viability of the UK’s temporary and contract work model.
REC announces AWD regional summits
The Prime Minister's announcement at the TUC Conference in Liverpool and a leak from Lord Mandelson’s office on implementation dates this week have once again thrown the spotlight back on the EU Agency Workers Directive.
REC affirms that PM's TUC speech does not signal any AWD policy changes
In spite of the way it has been reported in some of today's national press, the Prime Minister's announcement about 'fast-tracking' the EU Agency Workers Directive does not signal any change in policy or in timescales, the REC has assured.
Latest jobs data underlines need for a workable AWD, says REC
September’s REC Report on Jobs shows the first rise in temp billings since July last year and increased demand for temporary and contract staff in most sectors compared to this time last year. This latest data reinforces key industry messages on the Government’s implementation of the EU Agency Workers Directive.
EU directive could shake foundations of industry jobs

Construction clients need flexible economical staffing solutions to stay competitive
REC Construction comments on the Agency Workers Directive consultation
Government must apply brakes to ensure new EU directive does not costs drivers their jobs
REC Drivers comments on the Agency Workers Directive consultation
Creative minds needed in Government to safeguard jobs
REC MMC comments on the Agency Workers Directive consultation
"It's crunch time for flexible jobs" says REC in response to Government consultation on the Agency Workers Directive

REC claims TUC report on agency workers is based on perception, not fact
The REC has responded to the TUC report published today which claimed agency workers still suffer discrimination and abuse; and are still treated as second class employees.
Government launches series of country-wide AWD consultation events

REC Agency Summit III - leading the debate on AWD implementation
The REC has announced details of its Agency Summit III, the flagship event during National Temporary Workers Week next month (June 1-5), which will focus exclusively on the EU’s Agency Workers Directive.
REC takes forward work of Agency Work Commission
The REC has been taking forward the work of the Agency Work Commission (AWC) in the past few weeks.
New report highlights role for recruiters in raising AWD awareness amongst clients

Agency Work Commission receives backing of leading business organisations
The recommendations of the REC's Agency Work Commission presented to Government earlier this month have now received the backing of the UK's leading business organisations.
European Parliament vote marks next stage in AWD saga
The REC has highlighted the significance of next week’s vote in European Parliament on the European Union’s Agency Workers Directive following years of campaigning on this issue.
No need to panic REC tells employers following AWD survey
The REC has countered the overall conclusion of a survey from law firm Eversheds this week that states that two-thirds of the UK’s employers expect to use fewer agency workers as a result of the EU Agency Workers Directive which provides for equal treatment for agency workers after 12 weeks of an assignment.
REC rallies members on AWD client awareness campaign
With the EU Agency Workers Directive due to pass before the European Parliament in September, REC members have a pivotal role to play in keeping their clients up to speed and addressing common misconceptions. In order to support this, the External Relations team has developed a briefing document that can be forwarded to employers.
Crunch-time on the AWD - EU Council must recognise UK solution, says REC
On Monday (June 9th) the EU Employment Council is meeting in Luxembourg to discuss an outcome to the Agency Workers Directive (AWD) which has remained blocked for the last six years.
REC on the front foot ahead of crunch AWD talks in Brussels
The REC External Relations team has continued to take forward a proactive lobbying campaign ahead of the forthcoming discussions in Brussels on the EU Agency Worker's Directive
AWD on the agenda of Portuguese Presidency
The EU Agency Workers Directive is on the agenda of the Portuguese presidency of the EU which kicked off earlier this month. Whether the Directive goes forward for a formal vote at the EU Employment Council in December depends on the outcome of initial discussions between Employment Minsters that are due to take place in September.

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