Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • 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
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • 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
  • OHW+

Employment lawWorking Time Regulations

Analysis: Agency Workers Directive

by John Charlton 14 Nov 2008
by John Charlton 14 Nov 2008

Most will know the pig Napoleon’s comment from Orwell’s Animal Farm that “some animals are more equal than others”.

The same applies in the labour market, where temporary workers – or agency staff as they’re usually dubbed – lose out when it comes to some of the benefits enjoyed by permanent employees.

This has been the focus of much brow-furrowing at the European Commission and Parliament, and after six years of deliberation, they have decided that agency workers should get the same rights as permanent ones, via the Agency Workers Directive (AWD).

Employers need this now just about as much as they need an Icelandic bank account, but it will be three years or so before the directive is applied in the UK, giving firms plenty of time to discover some wriggle-room and indulge in innovative thinking.

Also, business secretary Lord Mandelson’s recent comments – later watered down – that some new workplace legislation (principally extending the scope for flexible working requests) could be delayed, raised hopes that the directive might be delayed too, although it’s unlikely.

The UK has managed to get a partial opt-out, so agency workers rights will only kick in after 12 weeks. However, some employment lawyers still take a gloomy view.

For example, Shoosmiths predicts the ruling may force many companies to stop using temporary workers, while recruitment agencies will struggle to pass on increased admin costs to employers. Its employment specialist, Katy Meves, said: “Companies must now be considering whether they carry on using agency workers.”

On the other side of the fence, London Green Party MEP Jean Lambert welcomed the directive. “I am pleased that it includes measures such as training and childcare facilities, which will give temporary workers a fair chance to improve their employability and career development. Such workers are vulnerable and can experience lower pay or poorer working conditions [than permanent colleagues].”

Predictably, some commentators seem to have forgotten that the directive will not be implemented for three years, and the economic picture may well have brightened by then. So what will happen?

It’s almost certain the directive will be adopted. The 12-week opt-out may well see contracts of that length becoming the norm in many sectors in the UK. For example in IT, contracts are typically short, followed by gaps and then renewals to get round taxation and national insurance rules. It’s likely that something similar will apply to agency workers.

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.

As all agencies – those playing by the book, anyway – will have to provide similar benefits, it is almost certain that temp rates will rise for those working for more than 12 weeks. It’s also probable that agencies will pass on extra admin costs to employers.

But if the economy remains fragile many will have to absorb those extra costs to stay in business, and the AWD may be a damper squid than many predict.

John Charlton

previous post
Muslim sisters take race discrimination claim to tribunal
next post
Disability in the workplace: The forgotten minority

You may also like

Fire and rehire: the relocation question

22 May 2025

Minister defends Employment Rights Bill at Acas conference

16 May 2025

CBI chair Soames accuses ministers of not listening...

16 May 2025

EHRC bows to pressure and extends gender consultation

15 May 2025

Contract cleaner loses EAT race discrimination appeal

14 May 2025

Construction workers win compensation claim against defunct employer

9 May 2025

Zero-hours workers’ rights to be extended from beyond...

8 May 2025

Employment tribunal backlog up 23% in a year

7 May 2025

Ministers urged to outlaw misuse of NDAs

7 May 2025

Bank holidays: six things employers need to know

2 May 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...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
OHW+
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
    • Wellbeing
    • Recruitment & retention
    • 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
  • OHW+