Employment Law for the Construction Industry, 2e

A concise and practical study of current employment law issues in the construction industry and guidance on how to manage them Handling employment law issues has always been an important part of running any construction project; As employee rights are extended and as regulation increases, the significance of these issues for the construction industry is growing continually; With skills shortages a major issue in the industry, the profile of HR management has grown within construction companies over recent years.

The proposed changes and additions to volume two have been added in italics. Chapter 1 - The Structure of the Employment Relationship 1.1 Introduction 1.2 Sources of employment law within the industry * Individual contracts * Statutory rights and obligations * Collective agreements * European law (the following section is a proposed addition to this chapter) 1.3 Recent developments in the Employment Relationship within the Industry * Changes in the way the industry employs employees * The Laing O'Rourke plc experience * The skills shortage * Further interference from Europe * Immigration and visa requirements Chapter 2 - Status of the working relationship 2.1 Why is the distinction important 2.2 Employee or contractor? * The control test * The integration test * The economic reality test * The multiple test (the above section would be updated in relation to latest status issues and case law. in particular we would propose to discuss the agency issue following the case of Dacas) 2.3 The Inland Revenue's view (a consideration of the Revenue's attack and the recent increase in compliance proceedings would be added to this section) 2.4 Mutuality, casuals and policy considerations Chapter 3 - Collective bargaining agreement in the industry 3.1 Introduction 3.2 Construction Industry Joint Counsel Working Rule Agreement 3.3 National Agreement for the Engineering Construction Industry 3.4 The National Industry Rules of the Joint Industry Board for the Electrical Contracting Industry 3.5 The National Agreement as to Working Rules for Operatives in the Hearing, Ventilating, Air Conditioning, Piping and Domestic Engineering Industry. (The proposal is that this chapter will update the industry schemes and changes in these collective bargaining agreements.) Chapter 4 - PAYE/NIC - the clamp down 4.1 Why employment status is so important 4.2 Classification of workers * Practical steps to aid classification 4.3 Inspection methods and enforcement 4.4 Suggested schemes to avoid burdens * Agencies * Personal service companies * Partnerships 4.5 The construction industry scheme * Problems with the old CIS and the industry's complaints * The new CIS Chapter 5 - Working time 5.1 Working Time Regulations 1998 * Scope of protection * Consideration of the repeal of the 48-hour week opt out 5.2 Holiday pay, holiday entitlement and time off work * Industry holidays and the Regulations * Four weeks' leave (updates with recent case law) * A week's pay (including rolled up holiday pay and the Marshall case in the ECJ) * Template scheme * Employer's notices 5.3 Rest breaks (discussion of changes) 5.4 Night work (discussion of changes) 5.5 Enforcement (discussion of changes) Chapter 6 - Guarantee payment, minimum wage and deductions 6.1 Guarantee payment * Statutory provisions (updated) * Collective agreement provisions 6.2 The National Minimum Wage * The rate of the national minimum wage * The Low Pay Commission * Calculation of the hourly rate * Duty to keep records * Enforcement (update on the efforts) 6.3 Deductions from wages Chapter 7 - Training 7.1 Introduction 7.2 Employer's obligations 7.3 The roles of the CITB and ECITB in training * CITB * ECITB 7.4 Funding * CITB and the new levies * ECITB 7.5 Funding criticisms * CITB * ECITB 7.6 Training crisis in the industry 7.7 New training models 7.8 New retention programmes 7.9 New graduate recruitment programmes Chapter 8 - Immigration issues in the construction industry (this would be an entirely new chapter_ 8.1 Consideration of section 8 Asylum and Immigration Act 1996 ( as amended) 8.2 Work permits 8.3 Recruitment of workers from newly made EU member countries Chapter 9 - TUPE and the construction industry 9.1 Overview 9.2 General principles 9.3 When does TUPE apply 9.4 Who transfers * Can employees