In our last newsletter Avatar pointed out the complexity of leaving Brexit with regards to employment and employment law, to assist as part of the decision process.

You may be pleased to hear that we are liaising closely with the Recruitment Employment Confederation (REC) regarding feedback after Brexit on the job market, and to date business seems to be as normal! Despite all the ‘doom and gloom’ predicted , the GDP is up and anticipated to reach 1% by next year. We have record employment figures at 31.8 million which is the highest since records began in 1971 and the employment rate in the UK is 75.4% beaten only by Germany which is fractionally higher compared to North America whose employment is 63% there is still positivity in the UK. Avatar will endeavour to keep you updated on the trends every quarter so that we can monitor the effects.

Latest News

Avatar is reviewing new technology to enhance its offers to its clients which includes online interviewing using the latest technology and internet lines to have meeting rooms where we can see our candidates and interview them, recording them if required and sending the recording to our clients for their review as part of the recruitment process. We are also looking at online testing, which is an online pre-employment screening to measure competency and assessment of skills, offering training to match their requirements, plus testing to ensure the retention of knowledge. This includes everything from software skills such as Microsoft Office, Sage to typing skills and language translation. This is also compatible with our new software by Voyager so the links can be generated by our CRM system.

Technology and the Recruitment Industry go hand in hand these days, moving at such a fast pace that it is difficult to keep up, but Avatar embraces this and wants to offer our clients and candidates the best experience!

Congratulations!

Our warmest congratulations go out to Anitha and her family who have just had a new addition in the way of a baby girl! Anitha who is part of the research area of the business is overjoyed that they now have a boy and a girl to be part of their unit!

Avatar has reached out to its partners to provide some more interesting features for you, please look at the links below and read on…

Gig economy hit by Uber Employment Tribunal ruling (28 October 2016)

The Employment Tribunal’s decision to class these particular Uber drivers as ‘workers’ rather than ‘self-employed’ will have repercussions throughout the gig industry and is highly likely to lead to a rethinking of the employment status of these workers and with it, a clarification of their employment rights. It is also likely to impact on Uber drivers in the EU who are also bound by the Working Time Regulations.

Decision sheds clarity on definition of worker

The gig economy has thrived on companies using a pool of self-employed or freelance workers rather than directly employing them but this has, at times, led to a misunderstanding amongst various businesses over who is classed as self-employed and who is classed as a worker. The difference has a significant impact because workers in law have a range of employment rights that they are able to enforce. People are classed as workers when there is a mutuality of obligation on the part of the business to provide work that these workers are obliged to undertake, with a degree of control by the business as to where, when and how the work is to be carried out. This contrasts with genuinely self-employed contractors who usually are free to accept or decline work.

Greater cost to the ‘gig’ industry and consumers

The Employment Tribunal’s decision today certainly sheds clarity on the employment status of this new breed of ‘freelancer’ currently fuelling the growth of the UK gig economy. However, consequences of the judgment is likely to result in increased costs to the gig industry in order to comply with the new employment laws, and it’s probable that these will be passed on to the consumer, such as through higher fees, delivery rates and prices for goods and services. The service industry like couriers, fast food delivery companies and portable cleaning operators are likely to be hit the hardest. Workers, not to be confused with employees who have greater employment rights in law, are also entitled to minimum legal rights. These include for example, the right to claim unfair dismissal, to receive statutory sick pay maternity, paternity and parental rights; to be paid the national living or minimum wage depending if they are aged 25 or more; to have working time rights such as not to be forced to work more than 48 hours per week, regular rest breaks and night working health and safety standards; to receive a statement of terms and conditions of employment. Further, Uber will need to have a qualifying auto-enrolment pension scheme in place and backdate any pension contributions.

There is also the issue of immigration. If those you hire are classed as workers then the burden to vet them will be on the business to ensure that all those individuals have the right to live and work in the UK. Failure to do so can lead to fines and ultimately criminal sanctions against the business and also the individual, not to mention the risk of bad publicity should the business fail to compile to any minimum legal employment rights.

Take action

Businesses concerned as to how this ruling may affect them should seek timely legal advice on their recruitment policies and procedures to ensure compliance with the law. It is also imperative that they issue written terms and conditions to these workers clarifying pay rates, hours of work, role and responsibilities, sickness provisions, holiday entitlement and health and safety and equal opportunity policies. It is also no good having a succession of fixed term contracts either to get around the law as after the fourth renewal of a fixed term contract it will be deemed to be permanent.

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