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Due diligence is the only protection from new posted workers legislation

22nd July, 2016

Ben Mason, Employment Law Associate, has written a feature: Due diligence is the only protection from new posted workers legislation, published in Solicitors Journal 20th July 2016.

The article highlights how in light of new Posted Workers Rights legislation, contractors and businesses who sub-contract projects need to protect themselves or risk facing costly claims from foreign EU workers.

On June 18 UK legislation came into force to strengthen the provisions for posted workers – workers from other EU countries sub-contracted by UK firms to work temporarily here or sent abroad from UK companies to work in other parts of the EU.

The Posted Workers (Enforcement of Employment Rights) Regulations 2016 will enshrine in UK law protections for these workers – and give them the right to take the main contractor to an Employment Tribunal if the sub-contractor fails to pay them, or pays them less than the National Minimum Wage for the country they carry out the work in.

“What this means is that if, for example, you run a construction project you may sub-contract a specific job to another company,” said Ben Mason.

“If that company then works with a French firm, for example, to bring some temporary help in and those workers are not paid, or are paid below UK minimum wage, those workers can come after you for their money.”

Ben’s article addresses the legal issues raised by the new Posted Workers Rights legislation in practical terms. To read the full article click here

 

Ben Mason

Employment Law Associate

[email protected]

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