Ever wonder whether or not your temporary workers are your employees?
The UK temporary workforce is a significant part of the UK labour market and the flexibility it provides is essential to UK plc and the UK economy. However, in recent years there has been an increasing nervousness on the part of hiring managers around their use of temporary workers because of the risk of unwittingly ending up as the employer of the temporary worker at the end of the day.
A recent Court of Appeal decision has brought further clarity to this difficult issue. In November 2010 the Court of Appeal found in the case of Tilson v Alstom Transport that even full integration into the client’s organisation will not necessarily mean an employee/employer relationship exists between a temporary worker supplied by an employment business (‘agency’) and the hiring client, whatever it may feel like to the temporary worker.
This case however, provides further clarity on the approach of the courts and tribunals, which can only be helpful. It should help restore client hirer confidence in the temporary worker model and serve as a reminder to all that, just because a relationship looks and feels like an employment relationship, does not necessarily mean it is. A contract of employment will only be implied where it is necessary to do so to make business sense of the relationship between the parties.
Are you using compliant agencies?
If you are engaging IT business professionals as temporary contractors through agencies, it is imperative that you ensure you only align yourselves with agencies that demonstrate compliance with their legal and best practice obligations. Recruitment is a highly regulated sector. The Conduct of Employment Agencies and Employment Businesses Regulations 2003 are the regulations which govern the conduct of recruitment agencies in the market place. They are highly prescriptive about the steps to be taken and checks made against both work seekers and you, the client hirers, before either a temporary or direct placement is made.
The checks carried out against temporary work seekers include their employment history, any gaps in employment, qualifications, identity and right to work in the UK. It is vital these checks are carried out. Temporary workers are often placed into responsible positions. You need to be confident they are qualified to do their role and that their background has been interrogated.
Written by Jonathan Stringer, regional manager, Michael Page Technology.
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