Editor's Note

Posted on 8 February 2021

Whilst the New Year has not brought any immediate certainty to the economic and social outlook, as all eyes begin to turn to the March Budget, hope remains that 2021 will see a gradual return to 'normality' as the vaccine roll-out accelerates. In this edition of Recruitment Watch we have focused on ever important 'business as usual' updates for the sector.

Our employment team have provided a summary of a recent case on the Agency Workers Regulations 2010 (the "AWR") which provides welcome clarity and flexibility for hirers and employment businesses regarding the scope of their obligations under the AWR.

Our recruitment regulatory team look at the decision of the High Court towards the end of 2020 in which it rejected an application by a number of online tutor companies for a judicial review into BEIS's decision that businesses like theirs must comply with the recruitment industry's regulatory regime.

In a separate article we have also considered the use of "Contracted Out" Services under the New IR35 Off-Payroll Working Rules and the potential risks and benefits associated with staffing companies operating as outsourced service providers.

Our immigration team has provided a practical summary of the new immigration rules for businesses post-Brexit and the steps businesses should take to account for these changes.

The imperative for employers to improve diversity and inclusion ("D&I") in the workplace has never been greater. D&I is a complex issue which demands holistic and innovative solutions. We are convening some of the driving forces of the industry that are shaping the future of diversity with innovative technology solutions. Please feel free to sign up and join us to explore how employers can harness technology to build strong and diverse teams faster, understand how they can improve diversity, and how they can set goals and measure success. Click here for further details and to sign up to the event.

Finally, you may have read that the Supreme Court recently handed down its judgment in the FCA test case. In our final article we explain how Mishcon de Reya represented two action groups, and were successful in confirming that, under certain Business Interruption cover, policyholders had cover confirmed in principle for their business interruption losses caused by the Government response to COVID-19.

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