Agency Workers: Government Consults on New Rights

Use Agency workers?

You need to know that the Government is currently consulting on how it will introduce rights for agency workers in the UK following the new Agency Workers Directive agreed by Europe, last year.

The Government published a consultation paper inviting comments on its proposals on 8 May, and the consultation period will run until 31 July 2009. There will then be a second consultation on the legislation itself, which is yet to be issued. The Government said it intends to introduce the new legislation ‘in this current Parliamentary session', although the latest possible date for implementation is December 2011.

Many questions remain about how the new rights will operate in practice. The following points are amongst those set out in the consultation paper but, until the draft regulations are published, these broad principles remain subject to change:

Only workers placed by an agency for a temporary assignment with an ‘end user' client of that agency will be affected.

The new legislation will not formally change the employment status of agency workers in the UK or their entitlement to existing rights that are available only to employees, for example the right to claim unfair dismissal.

The new regulations will introduce the principle of equal treatment. Agency workers will be entitled to terms and conditions during an assignment that are at least as favourable as if they had been recruited directly by a hirer to do the job.

The principle of equal treatment will apply in relation to basic working and employment conditions only.

In the UK there will be a qualifying period of 12 calendar weeks before an agency worker qualifies for equal treatment.

Primary liability for breach of the equal treatment principle would be with the agency and not the end user.

However, an agency would have a defence in the event that it had taken reasonable steps to obtain accurate information from the hirer regarding the equal treatment package. Liability would pass to the hirer if they provided the agency with incomplete or inaccurate information.

Ultimately, agency workers would be able to pursue a claim in the employment tribunal.

What does this mean for you?
Organisations that currently use temporary agency workers should start planning for these changes now. Agencies are also likely to want to amend their commercial agreements with end users concerning liability for equal treatment and the provision of information.

Where agency workers are likely to be used for a period of more than 12 weeks, organisations should consider what equal treatment will involve. This will require analysis of the following issues:

What roles do we currently fill with temporary agency workers?

Who would the relevant permanent comparator be for each of those roles?

What are the basic working and employment conditions of those comparators?

How does this differ from the current basic and working conditions of our agency workers?

Following this analysis, the question of whether it will continue to be beneficial to use agency staff on long-term assignments may need to be addressed.

It will also be necessary to start putting together policies and procedures around the information which will be given to the agency, dealing with issues such as who will be responsible for collating this internally and how and when it will be passed on.

If you would like to find out more about agency workers’ rights call Lynne Taylor on 01494 451681 or e-mail her at lynne@hradvantage.co.uk.

Interactive

HRA Foundation

is our free, entry level HR solution. More

HR Advantage - Human Resource Management and Outsourcing Services

Search HR Advantage:

Agency Workers: Government Consults on New Rights

Call Me Now!

HRA Foundation