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+

Agency workersEmployment lawHR practice

Government will not amend agency workers regulations

by Rob Moss 19 Oct 2010
by Rob Moss 19 Oct 2010

The Government will not make any changes to the Agency Workers Regulations which come into force next year, despite “considerable sympathy” for arguments against the new rules.

Employment relations minister Edward Davey today said that the Government will not be proceeding with any amendment to the Regulations, but will instead use the next 12 months to develop the “best possible” guidance to help employers comply with their obligations.

Coming into force in October 2011, the Agency Workers Regulations 2010 were conceived after the CBI and TUC, together with the previous Government, brokered a deal whereby agency workers will qualify for “equal treatment” as staff employed directly after 12 weeks in their post. The European Agency Workers Directive (AWD) intended this principle to apply from the first day of employment but did allow member states some flexibility on implementation, including the length of the qualifying period.

Before the general election the then shadow business secretary Jonathan Djanogly indicated that if the Tories were elected, they would review the proposed legislation as they were “very unhappy” about the fact that the proposed 12-week qualifying period was not set out in the AWD, nor was there any consultation from employers, the recruitment industry, or Parliament.

However, in his statement, Davey indicated that the Government’s hands were tied due to the “unique legal situation” of the CBI-TUC deal: “The Government’s ability to make changes to address such matters is constrained by the fact that the Regulations are based to a significant degree on the agreement brokered by the previous administration between the CBI and TUC.”

David Yeandle, head of employment policy at the manufacturers’ organisation EEF, said: “It is disappointing that the Government has not felt able to make some changes which would have made it easier for manufacturers to implement these Regulations. However, industry recognises that, if changes had been made, this could have put at risk the vitally important 12 week qualifying period before equal treatment has to apply.

“This would have been too serious a risk for the Government to take as retaining this key element of these Regulations will help to ensure that agency working remains a key part of the UK’s flexible labour market.”

Kevin Green, chief executive of the Recruitment & Employment Confederation, added: “This was a first big test of the Government’s stated commitment to lightening the load on business and 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 required support from the trade unions.”

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.

Recruitment firm Adecco has recently carried out research among UK HR professionals in which 80% of respondents said they had “no idea” what the consequences of non-compliance with the AWR would be, and that almost two-thirds (61%) did not realise the Regulations would come into force in a year’s time.

Further information and guidance is available from XpertHR.

Rob Moss

Rob Moss is a business journalist with more than 25 years' experience. He has been editor of Personnel Today since 2010. He joined the publication in 2006 as online editor of the award-winning website. Rob specialises in labour market economics, gender diversity and family-friendly working. He has hosted hundreds of webinar and podcasts. Before writing about HR and employment he ran news and feature desks on publications serving the global optical and eyewear market, the UK electrical industry, and energy markets in Asia and the Middle East.

previous post
Employers warned not to force older staff out through performance management after DRA is scrapped
next post
Little room for savings in the public sector, say managers

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

Employment Rights Bill must be tightened to protect...

1 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+