Organisations increasingly rely on temporary workers, agency workers, self-employed consultants and contract workers. At the same time, regulation of the recruitment sector has increased, tax regimes have been tightened and there is growing concern about which workers have employment rights and, if so, what rights.

Not surprisingly many organisations now outsource their recruitment processes, including the management of their temporary, agency and contract worker requirements.  This, in turn, involves complex legal, tax and commercial issues. Alongside this, recruitment process relating to the supply of candidates for permanent roles is also becoming more complex, with new developments in recruitment regulation and new immigration requirements.

As a result, organisations involved in recruitment and the world of agency and contract workers need specialist advisers to deal with the legal, tax and commercial issues which this business area involves.

The Blake Lapthorn Recruitment sector group was established (originally under the Tarlo Lyons name) in 1992 to meet this need for specialist solutions providers.

our solutions

  • How to avoid employment and discrimination claims: recent cases and threatened legislation have increased concerns about temps claiming employment rights or rights under the Temporary (Agency) Workers Directive. Our models of supply deal with these risks keeping your costs down.
  • Terms and conditions: our precedents deal with the Conduct Regulations in a way which protects your commercial position.   
  • How to increase efficiency of supply using recruitment process outsourcing (RPO) and managed service arrangements (MSP): we are the leading experts on setting up vendor neutral and other RPO and MSP arrangements, avoiding problems with badly managed 'migration' of contract books.
  • Income tax and social security: what deductions from temp pay need to be made in the UK and in other countries? What tax planning currently works? How can problems with managed service companies, tax debt transfer, IR35, CIS, money laundering and tax evasion be avoided?
  • Recruiters and staffing companies facing difficult economic conditions: we have developed a suite of services to help recruiters and staffing companies survive and prosper during challenging times.
  • Protection of database: we are leading experts in the prevention of theft of data by competitors and ex-employees and enforcement of restrictive covenants in the recruitment sector.
  • Flotations, mergers and acquisitions: we ensure recruitment and staffing company owners get full value when they decide to buy, sell or float.
  • International issues: we ensure you supply or use temps lawfully in Europe and beyond.
  • Immigration law: what are the legal duties of a recruiter or supplier of perms and agency workers?
  • Disputes and debt recovery: we resolve fee disputes, avoiding regulatory problems.
  • Employment: our specialist employment contracts for recruitment company staff deal with commission, confidentiality and restrictive covenants.
  • Liability and insurance issues: what is current best practice risk apportionment between supplier and end user? What can be covered with insurance?
  • Funding arrangements: current issues with banking and invoice discounting.
  • VAT: we advise on the latest VAT mitigation solutions relating to the supply of temps and contract workers.  

industry standing

Our market leading status is reflected by the range of trade associations and industry bodies who look to us for advice in this area such as the Chartered Institute of Purchasing and Supply (CIPS), the British Bankers Association and the Association of Professional Staffing Companies. We are also panel members of the Recruitment and Employment Confederation (REC) and are regularly involved in consultations with the European Commission, HM Treasury, HMRC and BERR about new legislation in this area. Our advice on temps and contractors has been adopted by the Office of Government Commerce.

tailoring our services for you

The Recruitment sector group team has a range of complementary legal experience relating to recruitment and resourcing, including expertise in outsourcing, recruitment, litigation, corporate finance and mergers and acquisitions, tax, property, employment and commercial work.

Because of the volume of recruitment and resourcing work we have done over the years, we are able to supply most services on a fixed price basis using extensive specialist know how and precedent banks.  Our clients receive regular industry leading briefings.  We also offer seminars on topical issues such as compliance with new regulation and tax regimes, avoiding employment claims, the implications of new Directives, VAT mitigation models, best practice cost saving and insurance/liability issues.

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For further information, please contact Bridget Wood on +44 (0)20 7814 5426 or by email at bridget.wood@bllaw.co.uk.