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Future Legislation

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Agency Workers

On 5 December 2008, the European Directive on Temporary Agency Work was passed with the aim of providing increased protection for agency workers.

The UK government now has until 5 December 2011 to implement the directive, although the unions have been pushing for early implementation, particularly following the BMW sackings. The directive provides that the "basic working and employment conditions" of temporary agency workers shall be at least those of an employee in the same undertaking occupying the same job. While there are likely to be arguments as to who the appropriate comparator is, the directive does clarify that basic working and employment conditions means conditions relating to the duration of working time, overtime, breaks, rests, night work, holidays and public holidays, and pay.

The Government has agreed a deal between unions and employers that will entitle agency workers in the UK to the following:-

(a) Agency workers will be enititled to equal treatment After 12 weeks in a given job.

(b) Equal treatment will be defined to mean at least the basic working and employment conditions that would apply to the workers concerned if they had been recruited directly by that undertaking to occupy the same job. It will not cover occupational social security schemes.

(c) The Government will consult the social partners regarding the implementation of the Directive more generally, in particular:

(i) mechanisms for resolving disputes regarding the definition of equal treatment and compliance with the new rules that avoid undue delays for workers and unnecessary administrative burdens for business;

(ii) appropriate arrangements to enable the two sides of industry and also public services to reach appropriate agreements on the treatment of agency workers, while respecting the overall protection of agency workers; and

(iii) appropriate anti-avoidance measures, in particular relating to the treatment of repeat contracts for the same worker and the position of workers with permanent contracts of employment with agencies who continue to be paid between assignments.

(d) The new arrangements will be reviewed at an appropriate point in the light of experience.

There will be a detailed consultation this year with interested parties on the options for UK implementation of the Directive. The Government hopes to introduce the necessary legislation in the current Parliamentary session.

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