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14 October 2011 / Sarah Johnson
Issue: 7485 / Categories: Features , Tribunals , Terms&conditions , Employment
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No more them & us

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Enhanced equality for agency workers provides a headache for employers, warns Sarah Johnson

“Getting a temp in” has been a popular solution to staffing issues, with around 1.3 million agency workers in the UK labour market. The attraction of using temps declined this month when the Agency Workers Regulations 2010 (SI 2010/93) (the regulations) came into force on 1 October. They aim to improve the position of many temps working alongside permanent staff who enjoy substantially better terms. The Department for Business Innovation and Skills has provided helpful guidance on the regulations (see www.bis.gov.uk).

Who is covered?

The regulations apply to agency workers who are supplied by a temporary work agency to work temporarily for and under the supervision and direction of a hirer, and have either an employment contract with the agency or another contract to perform work or services personally.

Agencies could include traditional employment businesses or intermediaries, such as umbrella companies, involved in the supply of the agency worker. Examples of arrangements

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MOVERS & SHAKERS

Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

Penningtons Manches Cooper—Graham Green

Media and technology expert joins employment team as partner in Cambridge

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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