Date 18 June 2008
After 12 weeks in a job, agency workers will be entitled to “equal treatment”.
“Equal treatment” will be defined to mean that the agency worker will be entitled to at least the same basic working and employment conditions they would have been entitled to, if they had been recruited directly by that undertaking to occupy the job. This will therefore include in regard to working hours, overtime, holidays, maternity and protection against less favourable treatment as other employees from the start and the same pay after twelve weeks. However this will not cover “occupational social security schemes” such as statutory sick pay and pension payments.
This is an important step in paving the way for the UK and EU Commission to begin the process of implementing the Temporary Workers Directive. This was first proposed by the EU Commission in March 2002, in response to what is seen as unfair treatment of agency and temporary workers and as a way to implement equal treatment.
The Government does intend to consult regarding the implementation of the directive which will include:
- Mechanisms for resolving disputes (in particular regarding the definition of equal treatment) that avoid undue delays and unnecessary administrative burdens.
- Arrangements to enable the two sides of industry and public services to reach appropriate agreements on the treatment of agency workers, while ensuring their overall protection.
- Appropriate anti avoidance measures, in particular relating to the use of repeat contracts and the position of workers who are paid between assignments.
With an estimate of around 1.4million agency workers in the UK it is undeniable that this proposed equal treatment after 12 weeks will have a strain on businesses. It will undoubtedly result in more administration and cost for organisations that may rely on agency workers supplement to their permanent staff, such as in the care sector.
The Temporary and Agency Workers (Equal Treatment) Bill which seeks to apply the Directive in the UK, has currently passed its second reading in the House of Commons and is aimed to be finally implemented in the 2008 – 2009 parliamentary session.
For further information about any of the topics covered in this edition of Stay Alert, please contact Nikki Petken on 01727 798000 or by email at nikki.petken@salaw.com.
© SA Law 2008
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