Courts pose biggest threat to flexibility

With reference to the news story ‘HR sees temp directive as legislative overkill’ (Personnel Today, 5 July), I agree that the flexibility of the UK temporary workers model is a compelling reason to argue against the Temporary Agency Workers Directive in its current format. However, even if it happens, implementation of the directive would be several years away.

Of perhaps more immediate concern is the rising trend in employment tribunals (and employment appeal tribunals) to find that temporary agency workers are employees of the hirer. For those worried about the Temporary Agency Workers Directive, attention could be better focused on dealing with erosion of the model by our own courts.

Adrian Marlowe
Managing director, Lawspeed

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