Susan's Legal Bits

In November 2009 Susan was interested in.....

....legislative changes and their overall aims

Hello all,

Well, Hugo informs me I only have two more of these Legal Bits to write before the end of another year and I have to admit that it's made me sad yet also excited about the New Year already.

This month of November we have seen the false self employment (in the construction industry) proposal continue to bubble away as consultation progresses and the Agency Workers Draft Directive have a mini explosion as the first consultation came to an end, the Government made a response, and now a second phase of consultation is underway.

I know my colleagues have different opinions to me on the effects we might see at Gabem if the Directive goes ahead (as we know it today) but to be honest I am always more concerned about the effects on the workers when the powers that be decide to change things. It is certainly safe to say that I personally am less concerned about the Agency Workers Directive in terms of the impact on you guys than I am about the false self-employment issue HMRC are spending time on.

It is interesting when we put them side by side though - the AWD is concerned with giving temps more equal rights when compared with a permanent employee including pay, training, access to canteens, treatment in general, yet the HMRC's consideration of addressing false self-employment in the construction industry categorically states the temps it deems should be classed employed for the purposes of tax and NIC should have no other employment rights. For these two 'biggies' to be coming out in consultation at roughly the same time and to be having vastly different themes and goals is confusing to a simple HR Manager as myself.

Still, we have a long way to go on both these proposed pieces of legislation and, as I am constantly reminded by a certain colleague, it could all look different in the morning. Suffice to say we have all had to cope with changes to legislation before and we will continue to face changes forever and a day whilst we remain in business in the UK. Some legislation we can all get behind and feel morally secure with, it's just the few oddities that pop up from time to time that cause us that scratching of head - or maybe it's just me.

Anyway, I can't go without mentioning bonfires, fireworks, toffee apples and sparklers. I trust that you all did your own dynamic risk assessments if celebrating 5th November and now we can all look forward to a cosy December celebrating the things in life that don't cost the earth - friends, family and renewed hope for what is to come.

Stay safe and watch out for my next message in a month's time.

All comments provided on my blog are for informational purposes only. My thoughts and opinions are my own with agreement from my employer as being suitable for sharing with the wider world. Any advice, or writing that might be taken as advice, should not be deemed in any way as professional Legal advice and are only the musings of a HR practioner whose sole aim is to help where she can.