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• They work abroad full-time, spent fewer than 91 days in the UK, and worked for no more than 30 of those days
More detailed guidance on UK residence status can be found here.
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FCSA changes umbrella compliance code for holiday pay 08 July 2022
The Freelancer and Contractor Services Association (FCSA) has changed its code of conduct regarding keeping unused holiday pay for umbrella companies.
Originally the planned update to the compliance code was to forbid member firms from keeping unused holiday pay. The code of conduct was initially going to be updated to say "you must not retain any accrued holiday pay beyond the end of the relevant holiday year." In effect, this would only leave the option to pay lieu of holiday at the end of the year for those who didn't book it. Legal advisers higlighted that this clause could require firms to act unlawfully, as paying holiday in lieu is only permitted for leavers. It is not permitted by law (Working Time Regulations 1998) to pay workers with ongoing contracts holiday in lieu, as this could discourage them from taking time away from work. The code of conduct now states instead that firms should confirm that they "make reasonable effort to ensure that employees receive their full holiday entitlement". If contractors or any worker decides not to book annual leave, after reasonable effort has been made to encourage them to book the leave and use their entitlement, they could end up losing some of it.
Chris Bryce, FCSA's chief executive, said:
“FCSA believes that the WTR are outdated and should be amended to recognise modern working practices and allow umbrella companies to make payments in lieu of unused holiday entitlements. FCSA is lobbying government to introduce those changes. Our advice to all employees is to make use of their full holiday entitlement, to take the time off they’re entitled to r est and recuperate.”
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MP vote to allow agency staff to cover striking workers Published: 12 July 2022 Emailed: 13 July 2022
Last night (11 July 2022), MPs voted through regulations that allow agency workers to replace striking staff. The vote passed with 289 to 202.
In response to the news that further rail strikes will be taking place, the changes have been accelerated to remove the ban on using agency workers to cover official industrial action.
The Statutory Instrument details the changes made. This draft will apply to England, Wales and Scotland.
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Government announces pay rises in public sector Published: 22 July 2022 Emailed: 27 July 2022
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