Recruitment sector group

“The advice given over the years has been of immense value to the Harvey Nash Group and highlighted their unique understanding of both the legal and commercial issues facing business in the global professional services market.”

Albert Ellis, CEO Harvey Nash Group plc
Our employment lawyers are acknowledged by the legal industry as being some of the best in their field, providing expert advice on regulation, tax, restructuring, resourcing and employment matters to organisations supplying or relying on temporary, self-employed or permanent staff.

Main areas of practice

We provide specialist advice to organisations in the UK and abroad on Recruitment Process Outsourcing (RPO) and Managed Service Arrangements (MSP), to companies that specialise in placing staff. This can be on a temporary or permanent basis.

Areas in which we have specialist knowledge include:

  • Avoiding employment and discrimination claims
  • Terms and conditions that protect your commercial position
  • Income tax and social security considerations, including IR35 and CIS
  • Protection of database theft and enforcement of restrictive covenants
  • Immigration law and the legal duties of suppliers of personnel
  • Disputes and debt recovery within the recruitment supply chain
  • Specialist employment contracts for recruitment companies for commission
  • Liability and insurance issues, including current best practice risk apportionment between supplier and end user
  • Online recruitment, website, cookies and terms and conditions compliance

Clients

We have a wide range of clients, ranging from small and medium size enterprises to large multinationals.

Significant experience

Examples of how our highly experienced employment solicitors have helped clients include:

  • Providing complex TUPE and commercial advice on a major RPO project for a large multinational hirer.
  • Working with a prominent trade association to prepare contractual documentation compliant with the Agency Workers Regulations 2010.
  • Taking a variety of successful actions against errant employees and ex-employees who have breached duties of confidentiality and restrictions for various recruitment companies.
  • Successfully defending a claim for non-payment of commission to a recruitment consultant.
  • Providing day-to-day advice on the application of the Agency Workers Regulations 2010 to a national organisation using temporary agency workers.

Other expertise

Our thorough understanding of the recruitment sector ensures that we can move quickly to fully protect your business in the event of a potential breach of restrictive covenant/confidentiality. We recognise the time critical nature of such situations and will guide and support you through any appropriate action you choose to take.

Our advice is incorporated into the Office of Government Commerce guide on engaging temps and contractors.

We are an affiliate member of the Association of Professional Staffing Companies (APSCo)

For further information please contact Oliver Weiss.

Related expertise

Main contacts

Related Knowledge & Resources

Does recent case spell trouble ahead for agency workers?

News

The Employment Appeal Tribunal’s recent decision in Kocur v Angard Staffing Solutions Ltd means that an agency worker’s statutory rights to certain equal terms cannot be bought out by paying the worker a higher rate of pay than its permanent staff.

Autumn Budget 2017 - what does this mean for employers and pensions?

News

In his Budget, Chancellor Phillip Hammond announced that the Government was resolved to look forward and not backwards and to produce a "balanced approach" to prepare Britain for the future.

Introducing the new Head of our London Employment, Pensions and Immigration team…

News

Oliver Weiss recently took over as head of our London Employment, Pensions and Immigration Team – here we introduce Oliver and the team.

New Investor Visa Rules from 6 November 2014

The long expected changes to the Tier 1 (Investor) visa category come into force today, 6 November 2014.

EU Nationals in the UK: The Government's post-Brexit offer... What next?

On 26 June 2017, the Government published its proposals outlining how it intends to protect the rights of EU Nationals living in the UK.

Former director prevented from poaching clients through interim injunction

The High Court has temporarily enforced restrictive covenants in a former director's contract, in a case which has some interesting implications when considering how long restrictive covenants in an employment contract should last.

The Agency Workers Regulations 2010 – important judgment on the applicability to workers on "indefinite" assignments

We discuss a recent case in the Employment Appeal Tribunal which has found that workers on "indefinite" or "permanent" assignments at a hirer do not benefit from the protection of the Agency Workers Regulations 2010.