21.10.10 Agency Workers Regulations

A written ministerial statement from Edward Davey, Minister for Employment Relations, Consumer and Postal affairs: Department for Business, Innovation and Skills, was issued on 19th October 2010.

Back in 2008, the CBI and TUC, in conjunction with the previous administration, brokered a deal which provided the legal basis for the legislation that is to be introduced. Prior to the general election, Jonathan Djanogly, then Shadow Business Secretary, indicated that if the Conservative Party was elected, they would review the proposed legislation. Edward Davey has now confirmed that the Government will not be proceeding with any amendment of the Regulations because of legal constraint imposed by the Confederation of British Industry (CBI) and the Trades Union Congress (TUC) deal.

So, what do we know?

The Agency Workers Directive will be implemented in the UK on 1 October 2011 through the Agency Workers Regulations 2010. The purpose of the Directive is to provide temporary agency workers with equal treatment in terms of basic working and employment conditions as if they had been employed directly to do the same job.

Having all waited to see what amendment the new coalition government would make, we have now established that the draft regulations will be implemented in their current format.

The Department for Business, Innovation and Skills advise that their officials will be developing the guidance with key stakeholders, (to include representatives from agencies, hirers and agency workers). They hope to publish draft guidance early in 2011.

Aspire Business Partnership LLP will be working with its clients to ensure that the ramifications of the Directive are understood and the impact is minimised. Further briefings will follow as guidance is released.

For a full copy of the ministerial statement click here