The Government has just launched a new consultation on the application of proposed new zero hours rules in the Employment Rights Bill to agency workers.
The consultation follows the Employment Rights Bill, published earlier this month. This Bill included new rights for zero hours and low hours workers
- to be offered guaranteed hours based upon hours regularly worked in a set period, expected to be 12 weeks
- to receive minimum notice for work requirements, and
- to be compensated for short notice cancellation, shift curtailment or change.
However, agency workers were excluded, recognising that different considerations apply, and a separate consultation would be needed to consider who in the supply chain should be responsible for providing those rights. This consultation, found here will run for 6 weeks, closing on 2nd December 2024.
As part of the consultation the government is seeking views specifically on
- Whether it should be the hirer or agency that is obliged to offer a guaranteed hours contract and any commercial consequences such as on transfer fees
- For shifts offered at unreasonably short notice, whether it is fair that liability should rest with either the agency or hirer, depending upon who has acted unreasonably
- For short notice cancellations or curtailment, whether the agency should be liable to pay and recoup from the hirer, and whether recoupment should be statutory or a matter of commercial contract
Crucially, this is not a consultation on whether the rules should be applied to agency workers but is instead more about how this will work practically, and who should be responsible. There is a lot to be analysed but the views of the industry are essential, so watch this space for further details including how the Association of Recruitment Consultancies will be representing its members’ interests.
For more information, or expert advice on any recruitment or employment law matter, please contact us on 01273 236 236 or email us at [email protected].
