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Employment law brief: 8 March 2018

08 March 2018 / Ian Smith
Issue: 7784 / Categories: Features , Employment
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At last! Ian Smith brings clarity & some common sense to working hours, terms & divisions

  • Statutory rights for agency workers.
  • Employer knowledge and opinion.
  • Division, practice & procedure.

Clarification is the name of the game in the three cases covered in this update:

(i) that an agency worker’s statutory rights to (certain) equal terms cannot be bought out by paying a higher hourly rate (but also that the phrase ‘duration of working time’ does not mean that the agency worker must be hired to work the same number of hours as a permanent worker);

(ii) that an employer in a disability case may reasonably rely on advice from an occupational health or other similar department, as long as it does not just rubber stamp it; and

(iii) that a contract action brought before a tribunal under the Extension of Jurisdiction Order must be against the employer itself, not some other party. In a sense, all of these seem fairly obvious but, although the decisions all come down on that common sense side, the arguments in them show

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