Agency Workers to get employment rights - Get the Facts - Seminar - Make your voice heard - Stay informed

Following our newsletter of 16th May 2008 the government has announced that it has agreed a deal with unions and employers that will see agency workers receiving equal treatment as employees. Equal treatment will mean the same entitlement to pay and basic working and employment conditions. The entitlement will arise after 12 weeks "in a given job".

The employers organisation that has "agreed" this deal is the CBI which has commented "There has been a major risk of damaging legislation coming from Brussels, and the CBI has judged that the government's proposals represent the least worst outcome available for British business. Half of agency assignments will be unaffected as they last less than 12 weeks - protecting businesses' ability to deal with peaks and troughs in demand and shorter-term staff absences. And while pay is covered, occupational benefits that recognise the long-term relationship permanent staff have with an employer, like sick pay and pensions, are rightly excluded".

The CBI goes on to say "Critically, as well as enabling the European directive on agency work to be put to bed, this agreement should allow the retention of the working hours opt-out from the working time directive, which is equally vital to the future of the British economy."

The government appears to have also agreed that the new rules will be contained within legislation to be introduced later this year. In addition the government will now propose to the EU that this deal is adopted for use in the Agency Workers Directive which it is saying that it hopes will be agreed by the Autumn.

This statement does seem to be the clarification that was lacking last week, but the actual terms of the legislation, and therefore the extent of its application, is not yet known. Further, whilst the UK government has settled upon its position, it is by no means certain that this will be agreed by the remainder of the EU countries, some of which are pushing for a much shorter qualifying period or immediate rights on start of a placement.

It is not clear that the ramifications have been fully considered. Whilst the points of principle, for example effect on the flexible working arrangements (the CBI says that 50% of temp hirings will be affected) have been taken into account, has the full legislative result been thought through? Just as one example, where an agency worker is paid more than a comparable employee will the comparable employee be entitled to an increase? Or are we to expect further legislation to cover off discrimination in this area?

As things stand there has been no mention of the government consulting the interested parties (other than the unions) including the recruitment industry * is there to be a consultation? What will be the commercial impact?

Wait and see? Won't affect me? You could be right, but on the other hand by doing nothing at this stage you increase the chance that key factors affecting your business may be overlooked, and opportunities to affect the outcome could be lost.

GET THE FACTS - SEMINAR

Following our "Knowledge is Power" seminar on 24th June 2008 we offer presentations on the analysis and potential outcomes of legislation for any interested party. For more information and advice on costings please call 01273 236236.

MAKE YOUR VOICE HEARD - RESPOND NOW

We are taking a poll of rceruiters views, and you may wish to take part by clicking either "Agree" or "Object" and sending the email which is generated..

"Agree" means you think the government plan is good, "Object" if you object to it. If you are interested in representation by us please add in a note to that effect and any other comment.

MAKE YOUR VOICE HEARD - REPRESENTATION

There are a number of strategies that could be applied and it is by no means certain that some measures cannot be hedged off. A coordinated and determined approach by a collective group can provide significant results. We have a good track record in this area having represented various groups on key legislation since 2001- key wins inlcude establishing the limited company contractor opt out from the 2003 Conduct Reulations. Our specialism allows us to present detailed argument specifically related to supply and staffing agencies concerns.

If you wish to join a represnetative group or take any other action please send an email to adrianm@lawspeed.com or call Adrian Marlowe on 01273 236236.

Please do forward a link to this webpage to any recruiter that you think may be interested.

STAY INFORMED - NEWSWIRE

If you would like to be kept informed of the latest updated information on events related to  and evolution of the new legislation please email us.