press release
Employers warning over agency workers rights
20 February 2008
Employers may soon have to treat agency workers on an equal
footing with permanent employees according to legal experts at
Browne Jacobson.
Earlier this month the Court of Appeal ruled that in most cases
agency workers have a contractual relationship with the employment
agency and not the employer. They are therefore not entitled to the
same rights as other employees.
Edward Benson, Employment Partner at Browne Jacobson,
commented:
“The Court of Appeal’s ruling will be welcomed by agencies
and employers, who had feared judicial expansion of the rights of
Britain’s 1.4 million agency workers and subsequent undermining of
the flexible labour market.
“However, the decision may only provide temporary respite
for employers. Trade unions argue that the current legal position
creates a two-tier workforce and MPs are set to debate a private
members bill this month which if eventually successful will confer
equal rights on temporary and agency workers.
“The United Kingdom has been under pressure from Europe to
introduce laws that would give agency workers the same rights as
permanent employees after only six weeks of continuous working for
the same business.”
In the meantime, Benson outlines some dos and don’ts for end
users so that temporary workers and recruitment agencies are clear
that the relationship is between worker and agency – not between
worker and end user:
Do
- Maintain a periodical dialogue with the agency about its
workers
- Ensure arrangements for sick pay and holiday pay are made by
the agency
Don't
- Give agency workers an employee handbook unless you clarify
that it is given for information only and does not apply to
them
- In documentation, refer to agency workers as employees
- Apply company sick pay schemes or company holiday arrangements
to agency workers
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