DEPARTMENT FOR
BUSINESS, ENTERPRISE AND REGULATORY REFORM News Release (2008/99)
issued by The Government News Network on 20 May 2008
The Government has
today agreed a deal between unions and employers that will see
agency workers in the UK receive equal treatment after 12 weeks
employment.
The Government believes this deal can pave the way to reaching
agreement in Europe on an agency workers directive that secures
this flexibility for the UK.
Announcing the agreement, Business Secretary John Hutton said:
"This is the right deal for Britain. Today's agreement
achieves our twin objectives of flexibility for British employers
and fairness for workers. It will give people a fair deal at work
without putting their jobs at risk or cutting off a valuable route
into employment."
AGENCY WORKERS: JOINT DECLARATION BY GOVERNMENT, THE CBI AND THE TUC
The CBI and TUC have reached agreement on how fairer treatment
for agency workers in the UK should be promoted, while not
removing the important flexibility that agency work can offer both
employers and workers. Agreement has been reached on the following
points.
(a) After 12 weeks in a given job there will be an entitlement to
equal treatment.
(b) Equal treatment will be defined to mean at least the basic
working and employment conditions that would apply to the workers
concerned if they had been recruited directly by that undertaking
to occupy the same job. It will not cover occupational social
security schemes.
(c) The Government will consult the social partners regarding
the implementation of the Directive more generally, in particular:
(i) mechanisms for resolving disputes regarding the definition of
equal treatment and compliance with the new rules that avoid undue
delays for workers and unnecessary administrative burdens for
business;
(ii) appropriate arrangements to enable the two sides of industry
and also public services to reach appropriate agreements on the
treatment of agency workers, while respecting the overall
protection of agency workers; and
(iii) appropriate anti-avoidance measures reflecting Art 9 (2),
in particular relating to the treatment of repeat contracts for
the same worker and the position of workers with permanent
contracts of employment with agencies who continue to be paid
between assignments; it is not intended that article 5 (2) will
be used to evade the aims of the Directive.
(d) The new arrangements will be reviewed at an appropriate point
in the light of experience.
The Government will now engage with its European partners to seek
agreement on the terms of the Agency Workers Directive that will
enable this agreement to be brought into legal effect in the
United Kingdom. The Government hopes that EU agreement will be
obtained in time for the necessary UK implementing legislation to
be introduced in the next parliamentary session.
Notes to Editors
The Department for Business Enterprise and Regulatory Reform
helps UK business succeed in an increasingly competitive world. It
promotes business growth and a strong enterprise economy, leads
the better regulation agenda and champions free and fair markets.
It is the shareholder in a number of Government-owned assets and
it works to secure, clean and competitively priced energy supplies.
