The Government
has today published guidance to help employers and the recruitment
sector prepare for the introduction of the Agency Workers
Regulations.
The guidance, which has been produced in partnership with a wide
range of businesses, trade unions and recruitment agency
representatives, will help hirers and agencies understand the
requirements of the Regulations. Separate guidance for agency
workers will be published shortly.
The Regulations implement the EU Agency Workers Directive as
agreed in 2008 following social partner agreement between the CBI
and TUC. These will come into force in the UK on 1 October 2011.
They will give agency workers the right to the same basic
employment and working conditions as if they had been recruited
directly by the hirer - if and when they complete a 12 week
qualifying period in a job.
Employment Relations Minister Edward Davey said:
“The agency sector is a key part of the UK’s flexible labour
market. It provides the flexibility needed for employers to meet
surges in demand, cover temporary absences or cope with seasonal
fluctuations and provides a route into employment for thousands of
individuals.
“The Agency Workers Regulations have been on the statute book
since January 2010 and followed negotiations between the CBI and
TUC. We looked carefully at the possibility of amending the
Regulations to address employers’ concerns but were forced to
conclude that we could not do so without putting the 12 week
qualifying period at risk. This qualification period is something
that is a key flexibility that we know is vital to business.
“Our focus therefore has been providing the best possible
guidance to help everyone affected understand these regulations.
We have collaborated with key organisations including employment
agencies, employers, trade unions and representative bodies to
develop this guidance and I believe the resulting document will
help prepare everyone for the forthcoming changes.”
Chief Executive of the Recruitment and Employment Confederation
(REC), Kevin Green said:
"There has been a genuine effort to take on board the
concerns of recruitment agencies and to clarify how these
regulations will work in practice. Agency work plays a vital role
within our economy. Limiting bureaucracy and uncertainty will
ensure that it continues to benefit businesses and job-seekers.
Implementation will create some challenges, but the regulations
do not fundamentally impact on the crucial flexibility that agency
work provides. The publication of the guidance is the latest
milestone - it is now up to agencies and employers to come
together and make it work”.
The Government is committed to stopping the deluge of regulation
that is restricting businesses and wants to be the first
Government in history to reduce the burden of regulation over its
lifetime. We have already set up a robust challenge process to
ensure that new regulation is a last resort and are currently
running the Red Tape Challenge campaign (www.redtapechallenge.cabinetoffice.gov.uk)
where we are asking the public for their views on all 21,000
regulations on the statute book.
Notes to editors:
The Agency Workers Regulations Guidance can be found here –
http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1073793881&type=RESOURCESThe
Agency Workers Regulations 2010 bring the European Agency Workers
Directive into UK law. Further information on the Agency Workers
Regulations can be found here –
http://www.bis.gov.uk/policies/employment-matters/strategies/awdThe
key changes as result of the Regulations will be that after a 12
week qualifying period an agency worker will be entitled to the
same basic working and employment conditions as if they had been
directly recruited by the hirer to the same job. These include key
elements of pay, duration of working time, night work, rest
periods and breaks, annual leave and paid time off for ante-natal
appointments. The Regulations also include new entitlements for
agency workers from day one of their assignment with regards to
access to facilities at the workplace and the right to be notified
of any relevant vacanciesThe default position in the Directive is
that the qualifying principle should apply from ‘day one’ of an
agency worker’s assignment. However, the Directive also allowed
Member States some flexibility as to how this principle is
applied, including the possibility of a qualifying period before
the right to equal treatment arises, as long as this is based on
an agreement reached by "national level" social
partners. Such an agreement was reached by the CBI and TUC in May
2008, with the support of the previous Government and provides the
legal basis for the legislation subsequently put in place -
including its provision for a qualifying period of 12 weeks.The
draft AWR guidance was open to comment from the 1 April to the 15
April 2011. A series of seminars and workshops with the industry
were held prior to this period. BIS's online newsroom
contains the latest press notices, speeches, as well as video and
images for download. It also features an up to date list of BIS
press office contacts. See http://www.bis.gov.uk/newsroom for more
information.
Contacts:
BIS Press Office
NDS.BIS@coi.gsi.gov.uk
Henry Tanner
Phone: 020 7215 5947
henry.tanner@bis.gsi.gov.uk