Agency Workers Regulations to go ahead unamended in October 2011
Posted Oct 19, 2010
The Agency Workers Regulations will come into force in October 2011 unamended, giving agency workers' similar rights to employed staff after 12 weeks on the job.
In an announcement today, employment relations minister Ed Davey said that the Regulations would go ahead unaltered claiming that the Government's hands were tied by the agreements made between the previous Government, the CBI and the TUC.
"Due to this unique legal situation, any amendments proposed to the Regulations touching upon the subject matter of the CBI and TUC agreement, which did not have the agreement of those parties, would face the risk of being set aside in the Courts in the event of a legal challenge. Were that to happen, the effect could be to call into question the very foundation for the fundamentals of the implementing legislation, crucially including the 12-week qualifying period itself."
Instead of making changes to the legislation, Davey said that the Coalition would use the next 12 months to develop the robust guidance to help employers comply with the new rules.
Responding to the Government's announcement, Stuart Davis, Chairman of FCSA (which represents some of the largest contractor service providers) commented:
"We are encouraged that the Government has been making efforts to re-negotiate the CBI-TUC agreement. Nevertheless, we share their disappointment that an acceptable way forward could not be found. We hope that the future AWR guidance will reflect an understanding of the flexible workforce which for far too long has been put into one homogeneous group where in fact it is a far more complex set of populations within the workforce.
"Going forward we will push for the guidance to reflect the different categories of worker that exist, rather than ways of working. This means that those workers who are not potentially vulnerable can be excluded. "
Kevin Green, the Chief Executive of REC, said:
"This was a first big test of the Government's stated commitment to lightening the load on business; we are disappointed with the outcome. We made a strong case for a review in our discussions with the Minister. However, re-opening the regulations was always a long shot and would have entailed support from the Trade Unions.
"Ensuring that equal treatment measures are workable is not on the Trade Unions' radar. Our focus now will be on working closely with Government so that the official guidance provides clarity for recruiters and employers."
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