Regular employment

Case studies

Regularising Employment

An example of good practice - from meat suppliers to a major retailer:

I. The supplier estimates their labour needs throughout the year and maximises the level of permanent employment contracts on offer, either directly or by an agency.

II. The supplier has internal reporting on the number of workers engaged on each form of employment and regularly reviews their adherence to this commitment.

III. The supplier has a Service Level Agreement (SLA) with agencies which includes the following:

Identified roles for agency workers.

  • Identified roles for agency workers.
  • Responsibility for training and managing agency workers. More on Training
  • Process for communicating daily and weekly requirements.

 

When is a worker an employee?

There are four key tests the courts will consider:

  • Control - whether you as an employer can instruct them how and which tasks to perform.

  • Integration - whether they are ‘part and parcel’ of your organisation.

  • Mutuality of obligations - whether you are required to offer work and they are expected to do it.

  • Economic reality - whether they are in business on their own, e.g. where they bear the financial risks of failure to deliver the service.

Recent trends have been towards the application of a "composite test" which takes account of all relevant factors. However, the law is complex and you should take advice if you are unsure of the employment status of someone who works for you.


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