Payroll: need to know (Latest version)

Data protection Employment News

In-person right to work checks delayed until 21 June 13 May 2021

The mandatory reinstatement of face-to-face right to work checks as opposed to digital checks has been delayed until 21 June 2021, as opposed to the originally intended date of 17 May 2021.

The Association of Professional Staffing Companies (APSCo) and the Recruitment and Employment Confederation (REC) confirmed the news, which comes following campaigning by the groups, alongside other stakeholders.

A letter was submitted to the Home Secretary, which stated that various employment groups felt that the previous deadline was “unreasonable” and “unrealistic from an operational point of view” due to the safety compliance procedures that need to be implemented. Additionally, the letter reasoned that digital right to work checks should be allowed on a permanent basis, as this would ensure a “more agile and robust process” behind getting people into work, which would be in clear alignment with the Government’s post - coronavirus “build back better” agenda .

The Home Office is yet to confirm this in writing, but as soon as an announcement is made, updates will be provided in News Online, and also across the CIPP’s social media platforms.

CIPP comment

Has the digital right to work check process impacted your team specifically, or even the wider business? Do you think that the digital checks should be a permanent option? Please submit your views and feedback to the Policy team, at Policy@cipp.org.uk.

Back to Contents

Employment Law & Guidance

Employment Tribunals

Addison Lee drivers classed as ‘workers’ 27 April 2021

A ruling has confirmed that drivers working for the private hire and cab and courier service, Addison Lee, should be classified as ‘workers’, and will subs equently be entitled to the rights that workers receive.

This follows on from the outcome of a Supreme Court case in February 2021, which found that Uber workers should also be classed as workers. The latest decision means that Addison Lee may need to pay large sums out to its drivers, with estimates being made that each impacted worker will be entitled to an average of £10,000 in compensation. This relates to underpayments to those who have not received the National Living Wage (NLW) or National Minimum Wage (NMW), and also to payments not received in connection with annual leave.

The Court of Appeal refused Addison Lee’s request to appeal a 2017 Emplo yment Tribunal (ET) decision that asserted that its drivers were workers. The original ET highlighted an overarching contract between Addison Lee and its drivers,

The Chartered Institute of Payroll Professionals

Payroll: need to know

cipp.org.uk

Page 16 of 60

Made with FlippingBook - Online magazine maker