Property Litigation Group
Staffing Sector
Services

 

 
 
 
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Our team provides a comprehensive service by drawing upon lawyers with a range of specialisms including:

Corporate
We have acted on all aspects of corporate transactions in this sector, including high profile domestic and cross-border take-overs, mergers, acquisitions and disposals, as well as listings, debt and equity offerings, joint ventures, subscriptions and start-ups.

Regulatory
Members of our Competition and Regulatory Group are well-versed in advising on the regulations governing recruitment, including the Employment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Businesses Regulations 2003.

Human Resources
Our team have considerable experience in this sector having advised on a wide spectrum of topical issues including the employment status of agency workers (including acting on the Court of Appeal case of Muscat v Cable & Wireless); the legality of "rolled-up" holiday pay; interpreting the statutory regime affecting the staffing sector and on the enforcement powers of and dealing with the Employment Agency Standards Inspectorate. We also have in-depth knowledge of transactional employment law issues arising on the sale and purchase of staffing companies. We regularly advise on restraint of trade and confidentiality issues and are often instructed to act in related High Court litigation.

Tax
The tax legislation contains complex and detailed provisions of relevance to the staffing sector (e.g. the new MSC rules, the applications of IR35 and VAT). Our tax team advises in all of these areas as well as employee incentives.

Internet
As so much recruitment business is on line, our team of Internet lawyers is well placed to advise on the issues surrounding e-commerce, on line trading, privacy policies and the enforceability of on line terms and conditions.

Data Protection
Personal data issues are of particular concern to the sector. Our advice includes the transfer of personal data, data retention, email marketing and the handling of sensitive personal data.

Freedom of Information
Recruitment in and for the public sector often raises freedom of information issues, particularly the complex interrelation between the Freedom of Information Act 2000 and the Data Protection Act 1998. Members of our team are specialists in these matters.