EU Agency Directive 2008 finally implemented by Britain as the Agency Worker Regulations 2010

This is a major step forwards in protecting agency workers

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The EU DIRECTIVE 2008/104/EC as translated by the UK Government in consultation with the trades unions and the CBI into the Agency Worker Regulations 2010 has finally come into force shortly before the EU deadline of 5th December 2011.

As with previous EU directives Britain implemented this Directive on improving agency workers rights on October 1st2011 near enough to the last moment in as weak a form as allowed by the Directive. Thus for example agency workers will not be allowed to claim unfair dismissal, and allowance is made for the ability to opt out of the equality provisions.

There is no denying however that these Regulations are another and major step forward for agency workers, and yet again thanks to the European Union. Workers rights in the UK would be a lot more 'flexible' i.e. poorer if not for european protections forced on this country.

Britain whether during the period of the Labour party or of the Conservative/Liberal-Conservative coalition has always attempted to play the role of spoiler when it comes to european inspired attempts to improve workers' rights.

The Agency Workers Directive is an example of this. Britain and Germany managed to frustrate the implementation of the Directive for six years until Britain in 2008 obtained concessions on the WTR in exchange for ceasing its attempts to frustrate the AWD from being adopted.

Now that the Agency Worker Regulations 2010 are in force since October 1st 2011 agency workers are entitled to the same basic employment and working conditions as other workers in the company.

Rights that will not be conferred on agency workers include the right to claim unfair dismissal, minimum notice or redundancy pay.

• Health and safety protections,
• paid holiday,
• the National Minimum Wage,
• to not have to work over 48 hours a week,
• not to have unlawful deductions made from wages,
• not to be discriminated against under the Equality Act 2010

agency workers will from the time they start working for a company be entitled to have:

• equal access to facilities, equal access to facilities such as a staff canteen, transport or childcare
• permanent employment opportunities as well as having the right like any other employee to be informed of any internal vacancies.

After a qualifying period of 12 calendar weeks (continuous) the following rights will apply:
• Pregnant agency workers will receive time off (paid) for antenatal appointments. Alternative work/ pay will result if their work must be terminated under health and safety provisions.
• Equal pay and conditions as compared with permanent staff (such as shift allowances, night work, premiums for unsociable hours, length of working time and rest periods/breaks, annual leave, pay for bank and public holidays).

Employers will of course find themselves tempted to attempt to wriggle out of their duties under the Agency Regulations such as by terminating agency workers in the eleventh week. They will however have to wait six weeks before re-employing any so terminated worker. And if the employer is later judged by an employment tribunal to be a serial offender in sacking his agency workers after 11 weeks, then he might find he ends up paying the affected workers up to £5,000 each.

Employers will of course attempt other ways of avoiding their duties such as using 'self-employed sub-contracters', casual or zero hour workers with contracts containing no minimum hours. This should be the next loophole in labour law that the EU addresses as british political parties including the part union funded 'Labour' party are unlikely to ever find the will to do so.

© 2011 Workrep