Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Recruitment & retention
    • Wellbeing
    • Occupational Health
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Recruitment & retention
    • Wellbeing
    • Occupational Health
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise

Employment lawEmployment contractsHR strategyRecruitment & retentionTemporary employment

Legal challenge to Agency Workers Regulations unlikely to succeed, say experts

by Daniel Thomas 15 Apr 2010
by Daniel Thomas 15 Apr 2010

Recruitment and legal experts have dashed hopes that there are grounds for a legal challenge to the Agency Worker Regulations.

The Association of Recruitment Consultancies (ARC) revealed it has obtained legal opinion suggesting that parts of the regulations – due to come into effect in October 2011 – were of “questionable legality” and should be challenged through a judicial review.

The ARC is concerned that two provisions in the regulations included by the UK government will mean that any organisation involved in the supply chain of relating to agency worker recruitment could be liable for action in the event of a dispute. It says that it is unfair as agencies merely acting as the middle man, connecting a recruitment agency with an employee, could be legally responsible – what it calls a “fictional contract”.

But Anne Fairweather, head of public policy at the Recruitment and Employment Confederation (REC), said these provisions were a sensible way of adapting to the unique nature of the UK recruitment market.

“A directive is always going to be much broader, so it is up to the government to interpret the spirit of the legislation,” she told Personnel Today. “These intermediary organisations often dictate the pay rates so they need to have responsibility.”

Michael Ball, employment partner at law firm Halliwells, added any legal challenge was likely to fail.

He said: “The complaint about the draft regulations appears to be in relation to the meaning of agency worker under Regulation 3, which provides that a person may still be treated as an agency worker even where there is a contract with an intermediary.

“Whilst this is not a requirement under the directive it is not contrary to the purpose of the legislation. Rather this appears to be an anti-avoidance provision to make clear that contractual arrangements with intermediaries may not prevent the person being treated as an agency worker.”

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

Adrian Marlowe, director at the ARC, said he was “at a loss” to explain why the REC would not support an action to protect recruitment agencies, but added the association was in discussions with a number of other industry bodies about the potential legal action.

Meanwhile, the Conservatives have called for the regulations to be revoked as leader David Cameron was one of the signatories to an Early Day Motion demanding a debate on the issue.

Daniel Thomas

previous post
Christian counsellor sacked for refusing to work with gay couples may be granted right to appeal
next post
Should bosses get big pay rises?

You may also like

Bank holidays: six things employers need to know

22 Aug 2025

Lidl enters agreement with EHRC to prevent sexual...

22 Aug 2025

X settles severance claims of former Twitter employees

22 Aug 2025

Midwife files belief claim after Trust reported social...

20 Aug 2025

Personnel Today Awards 2025 shortlist: Employment Law Firm...

20 Aug 2025

Petition calls for rethink on NHS agency staff...

19 Aug 2025

British Transport Police first force to hire part-time...

19 Aug 2025

Just a sixth of employers proactively hire ex-offenders

12 Aug 2025

Young people still confident of landing jobs, despite...

12 Aug 2025

Call for more support for young workers, as...

12 Aug 2025

  • Elevate your L&D strategy at the World of Learning 2025 SPONSORED | This October...Read more
  • How to employ a global workforce from the UK (webinar) WEBINAR | With an unpredictable...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Recruitment & retention
    • Wellbeing
    • Occupational Health
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise