2nd consultation is published – first impressions not good

The Government has now published its long awaited response to the first consultation on the Agency Workers Directive and the draft regulations they intend to introduce.

On first glance it appears that the draft Regulations are far wider than the EU Directive, giving rise to the widely expressed fear that the government is going to gold plate the legislation.  Specifically the comparison is to be the agency worker compared with another person working on the hirer site, an issue that the Directive avoided and we warned against. The entitlement is to the same pay and conditions as are normally included by the hirer in the comparable worker’s contract, regardless of whether the terms are of a binding general nature as required by the Directive.

However the regulations are not proposed to be in force until 11th October 2011. The consultation seeks views on the draft regulations and closes on 11th December 2009, namely after 8 weeks. This last is a small positive result as the government had indicated that its original plan would be for it to run for 4 weeks only.

More information will follow once we have had a chance to study the proposals in detail.

Lawspeed Seminar 
Lawspeed will be holding a seminar on the implications of the draft regulations and how it will affect the recruitment industry.


November 10th 2009 


The London Chamber of Commerce 


13.00 hrs.


£185 + vat

Discount for ARC members

Although implementation day is a long way off, you should not be lulled into a sense of complacency. The fact that the implementation is to be delayed is evidence that the government recognises that it will interfere with economic recovery. This can only mean that it will make it harder for people to find agency work, and re-employment, and add an unacceptable cost to the economy.

You should attend for two reasons. First to have your say in the consultation and support representations that are aimed at reducing the planned burden. Second to plan the way ahead for your business and to help your clients understand the options available.

The seminar is open to all in the industry.

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