July 12, 2010
Reviews and possible amendments to the controversial Agency Workers Regulations have been proposed by the government just months before its introduction to the public.
In their current form, Agency Worker Regulations provide agency workers with equal treatment, in respect of basic working and employment conditions, after 12 weeks continuous employment.
But, From October 1st, many believe there will be a fundamental shift in the relationship between the hirer, the agency and the worker.
Enforced by the government in order to comply with the EU Temporary Workers Directive, the changes will apply to those “workers with a contract of employment, or employment relationship with a temporary work agency, who are assigned to work temporarily under their supervision and direction”.
However, employers’ groups have taken issue with some of the requirements and other commentators have criticised the drafting as unclear and open to different interpretations.
Earlier this year, a Parliamentary committee also criticised some of the Regulation’s drafting and recommended it be amended. On July 5th, the Secretary of State for Business, Innovation and Skills, Vince Cable, revealed that the government has listened to public criticism and will review the new directive.
Despite the proposed review, businesses which regularly use agency workers have been told to be on their guard.
As the regulations intended to introduce the European Directive, which must be implemented by all Member States by 5 December 2011, widespread amendments are unlikely. Any changes that risk going beyond the parameters laid down by the EU directive could be subject to future legal challenges.
If you’re struggling to understand the complex regulations, employment law solicitors can clarify any confusing elements and make sure your employment practices stay within the law’s boundaries.
