Employment Law Update: Agency workers to get equal rights after
12 weeks
The Government has announced that it has reached agreement
with the CBI and TUC to press for agency workers to be given the
same employment conditions as permanent employees after 12 weeks
with the same employer.
The proposals need to be agreed by the other member states
of the European Union before they can be put into effect, but if
agreement is reached, the proposals could become law during
2009.
What the proposals would mean in practice
After 12 weeks' working for the same employer, an agency worker
will be entitled to the same terms and conditions as equivalent
permanent employees, although the right will not extend to pension
rights.
There will be provisions to prevent employers avoiding the
rules, for example, by breaking the service of agency staff.
However, it is not clear how the law will work in practice – in
particular, which permanent employees agency workers will be
entitled to compare themselves with, and how the rights will be
enforced. It is also by no means certain that other EU
countries will agree to the UK proposals, as this would be a
substantial watering down of what was originally proposed – that
agency workers could claim parity after six weeks.
Additionally, as the new law will not give agency workers full
employment rights, such as the right to claim unfair dismissal,
this area of law will remain unclear.
Is there anything I need to do now?
Although the proposals have received much press coverage, it is
difficult for employers to make plans at this stage as things may
change before they come into effect. Mentor will keep you
updated of progress as the plans take shape. In the meantime,
if you are concerned about the effect of the proposals, speak to
our Telephone Advice service or your Employment Law Consultant.
Please read legal information.