Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • 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
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • 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
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • 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.

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.

Avatar
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

Employment law changes for 2022 and beyond: update...

1 Jul 2022

Four-day week: what are the legal considerations for...

28 Jun 2022

Oxford study highlights best gig economy firms to...

9 Jun 2022

Tesco appeal against fire and rehire ban to...

8 Jun 2022

Bank holidays: six things employers need to know

5 Jun 2022

P&O Ferries boss denies reputational damage after mass...

27 May 2022

Employers lack data to make IR35 worker status...

25 May 2022

Maternity leave: Cost of living crisis highlights need...

25 May 2022

One in five employers planning ‘no jab no...

19 May 2022

MP demands timeline on carer’s leave legislation

13 May 2022
  • The ultimate guide to payroll for small businesses PROMOTED | You’ve started a business that has expanded to the point of requiring more staff to meet demand. Congratulations!...Read more
  • NSPCC revamps its learning strategy with child wellbeing at its heart PROMOTED | The NSPCC’s mission is to prevent abuse and neglect...Read more
  • Diversity versus inclusion: Why the difference matters PROMOTED | It’s possible for an environment to be diverse, but not inclusive...Read more
  • Five steps for organisations across the globe to become more skills-driven PROMOTED | The shift in the world of work has been felt across the globe...Read more
  • The future of workforce development PROMOTED | Northumbria University and partners share insight...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 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • 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
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+