Temporary and Agency Workers (Equal Treatment) Bill
Encyclopedia
The Agency Workers Regulations 2010 (SI 2010/93) are a statutory instrument
forming part of UK labour law. They aim to combat discrimination of people who work for employment agencies, by stating that agency workers should be no less favourably treated in pay and working time than their full time counterparts, who do the same work. It gives effect in UK law to the Temporary and Agency Workers Directive.
The AWD 2010 was the culmination of a succession of attempts to get rights for agency workers. A previous proposal, the Temporary and Agency Workers (Equal Treatment) Bill 2008 was a bill, introduced in the British parliament, designed to secure equal pay and terms for working time between vulnerable agency workers and their permanent staff counterparts. It has now been superseded (though is in all material respects identical) by the Temporary and Agency Workers Directive (2008/104/EC), which the UK will implement at the latest by December 2011.
It was introduced by a private member, Labour backbencher Andrew Miller MP and would have formed an important part of the United Kingdom agency worker law
, and an addition to the growing categories of employment discrimination law in the UK. The Bill's substance is modelled on a proposed European Directive, which has been blocked by the UK government since 2002. However the government has recently indicated that it will introduce a modified version of the Bill, through a statutory instrument under the European Communities Act 1972
to implement the TAW Directive, with a 12 week (3 month) waiting period before agency workers will get equal pay and working time conditions.
The bill has been supported by a majority of the Labour Party, and trade unions, and vigorously opposed by the Conservative Party and the CBI
. The calls for legislation have been bolstered by the particularly vulnerable position of people who work for agencies. They lack almost all of the rights guaranteed for normal workers from the Employment Rights Act 1996
. However the legislation does not seek to make any but minor alterations for the position of agency workers on this front.
The Bill is modelled, more or less directly, on the proposals put forward by the European Commission for a draft Temporary Agency Worker Directive (COD 2002/0149). This proposal was itself shelved, because of the UK government's consistent opposition to agency regulation, in the interests of labour market flexibility
. According to newspaper reports, the UK got the backing of Germany to torpedo the draft Directive in return for the UK to help sink the Takeover Directive (Germany has comprehensive agency work regulation under its Arbeitnehmerüberlassungsgesetz and its Civil Code
, esp §622, and the UK has strong Takeover Regulation, especially Rule 21 of the City Code). The significant difference between the proposed Directive and the Bill is that the former UK government managed to insert a 6 week qualification period in the Directive before the equal treatment rights click in (Art. 5(4)). The Bill has no proposed qualification period, though voices in the City have been calling for this to be one year. The latest reports suggest a 12 week qualifying period has been agreed between the private MP backers and the government, meaning a significant step back from the protection the Directive would offer. The Directive included equal treatment only pay, hours, parental rights and anti-discrimination (Art. 3(1)(d)). A significant omission therefore was any regulation on reasonable notice before dismissal (in the UK, ERA
s.86; Germany has this for all workers already, regardless of their agency status, §622 BGB).
Before the United Kingdom general election, 2005
, the trade unions and the government made the so called Warwick Agreement
(after its signing place, the University of Warwick
). This included a promise on the government's part to reverse its opposition to the European Directive. But by 2007, the government was yet to deliver, and Paul Farrelly MP introduced the Temporary and Agency Workers (Prevention of Less Favourable Treatment) Bill. It mirrored the Directive in all respects, save that there would be no 6 week qualifying period. In that period's climate, the Bill did not gain enough attention and was talked out of time. In the Court of Appeal case James v. Greenwich LBC which further entrenched the subordinate position of agency workers, Mummery LJ pronounced it "doomed to failure for lack of support from the Government". But no sooner as that had been said, almost exactly the same Bill was reintroduced by Andrew Miller MP, with a small title change to emphasise "Equal Treatment" rather than "Prevention of Less Favourable Treatment". Identical in every way, save a tighter definition of employment agency and more provision for regulatory enforcement, it won the support of almost the whole Labour bench in the House of Commons. It was being heard in Committee each Wednesday morning as from 7 May. As of 21 May, the government has signalled that it will allow something similar to the Bill, but not the Bill itself, to be passed. It will incorporate a 12 week waiting period before the right to equal pay and time off begins, or 6 weeks less protection than the original 2002 Directive.
Statutory Instrument
A Statutory Instrument is the principal form in which delegated or secondary legislation is made in Great Britain.Statutory Instruments are governed by the Statutory Instruments Act 1946. They replaced Statutory Rules and Orders, made under the Rules Publication Act 1893, in 1948.Most delegated...
forming part of UK labour law. They aim to combat discrimination of people who work for employment agencies, by stating that agency workers should be no less favourably treated in pay and working time than their full time counterparts, who do the same work. It gives effect in UK law to the Temporary and Agency Workers Directive.
Background
It was introduced by a private member, Labour backbencher Andrew Miller MP and would have formed an important part of the United Kingdom agency worker law
United Kingdom agency worker law
United Kingdom agency worker law refers to the law which regulates people's work through employment agencies in the United Kingdom. Though statistics are disputed, there are currently between half a million and one and a half million agency workers in the UK, and probably over 17,000 agencies...
, and an addition to the growing categories of employment discrimination law in the UK. The Bill's substance is modelled on a proposed European Directive, which has been blocked by the UK government since 2002. However the government has recently indicated that it will introduce a modified version of the Bill, through a statutory instrument under the European Communities Act 1972
European Communities Act 1972 (UK)
The European Communities Act 1972 is an Act of the Parliament of the United Kingdom providing for the incorporation of European Community law into the domestic law of the United Kingdom. It is not to be confused with the Irish law of the same name, Act No...
to implement the TAW Directive, with a 12 week (3 month) waiting period before agency workers will get equal pay and working time conditions.
The bill has been supported by a majority of the Labour Party, and trade unions, and vigorously opposed by the Conservative Party and the CBI
Confederation of British Industry
The Confederation of British Industry is a British not for profit organisation incorporated by Royal charter which promotes the interests of its members, some 200,000 British businesses, a figure which includes some 80% of FTSE 100 companies and around 50% of FTSE 350 companies.-Role:The CBI works...
. The calls for legislation have been bolstered by the particularly vulnerable position of people who work for agencies. They lack almost all of the rights guaranteed for normal workers from the Employment Rights Act 1996
Employment Rights Act 1996
The Employment Rights Act 1996 is a United Kingdom Act of Parliament passed by the Conservative government to codify the existing law on individual rights in UK labour law. Previous statutes, dating from the Contracts of Employment Act 1963, included the Redundancy Payments Act 1965, the...
. However the legislation does not seek to make any but minor alterations for the position of agency workers on this front.
The Bill is modelled, more or less directly, on the proposals put forward by the European Commission for a draft Temporary Agency Worker Directive (COD 2002/0149). This proposal was itself shelved, because of the UK government's consistent opposition to agency regulation, in the interests of labour market flexibility
Labour market flexibility
Labour market flexibility refers to the speed with which labour markets adapt to fluctuations and changes in society, the economy or production.-Definition:In the past, the most common definition of labour market flexibility was the neo-liberal definition...
. According to newspaper reports, the UK got the backing of Germany to torpedo the draft Directive in return for the UK to help sink the Takeover Directive (Germany has comprehensive agency work regulation under its Arbeitnehmerüberlassungsgesetz and its Civil Code
Bürgerliches Gesetzbuch
The Bürgerliches Gesetzbuch is the civil code of Germany. In development since 1881, it became effective on January 1, 1900, and was considered a massive and groundbreaking project....
, esp §622, and the UK has strong Takeover Regulation, especially Rule 21 of the City Code). The significant difference between the proposed Directive and the Bill is that the former UK government managed to insert a 6 week qualification period in the Directive before the equal treatment rights click in (Art. 5(4)). The Bill has no proposed qualification period, though voices in the City have been calling for this to be one year. The latest reports suggest a 12 week qualifying period has been agreed between the private MP backers and the government, meaning a significant step back from the protection the Directive would offer. The Directive included equal treatment only pay, hours, parental rights and anti-discrimination (Art. 3(1)(d)). A significant omission therefore was any regulation on reasonable notice before dismissal (in the UK, ERA
Employment Rights Act 1996
The Employment Rights Act 1996 is a United Kingdom Act of Parliament passed by the Conservative government to codify the existing law on individual rights in UK labour law. Previous statutes, dating from the Contracts of Employment Act 1963, included the Redundancy Payments Act 1965, the...
s.86; Germany has this for all workers already, regardless of their agency status, §622 BGB).
Before the United Kingdom general election, 2005
United Kingdom general election, 2005
The United Kingdom general election of 2005 was held on Thursday, 5 May 2005 to elect 646 members to the British House of Commons. The Labour Party under Tony Blair won its third consecutive victory, but with a majority of 66, reduced from 160....
, the trade unions and the government made the so called Warwick Agreement
Warwick Agreement
The Warwick Agreement is the name of a document agreed in July 2004 to the 2005 General Election between many of Britain's main trade unions and the Labour Party, which helped form Labour's 2005 election manifesto....
(after its signing place, the University of Warwick
University of Warwick
The University of Warwick is a public research university located in Coventry, United Kingdom...
). This included a promise on the government's part to reverse its opposition to the European Directive. But by 2007, the government was yet to deliver, and Paul Farrelly MP introduced the Temporary and Agency Workers (Prevention of Less Favourable Treatment) Bill. It mirrored the Directive in all respects, save that there would be no 6 week qualifying period. In that period's climate, the Bill did not gain enough attention and was talked out of time. In the Court of Appeal case James v. Greenwich LBC which further entrenched the subordinate position of agency workers, Mummery LJ pronounced it "doomed to failure for lack of support from the Government". But no sooner as that had been said, almost exactly the same Bill was reintroduced by Andrew Miller MP, with a small title change to emphasise "Equal Treatment" rather than "Prevention of Less Favourable Treatment". Identical in every way, save a tighter definition of employment agency and more provision for regulatory enforcement, it won the support of almost the whole Labour bench in the House of Commons. It was being heard in Committee each Wednesday morning as from 7 May. As of 21 May, the government has signalled that it will allow something similar to the Bill, but not the Bill itself, to be passed. It will incorporate a 12 week waiting period before the right to equal pay and time off begins, or 6 weeks less protection than the original 2002 Directive.
Scope
The Agency Workers Regulations basic concept is to give effect to the Temporary and Agency Workers Directive in UK law. They require employers to treat agency workers and permanent staff equally in their contract terms on,- Hours and holiday time
- Pay, including sick pay
- Time off for parenting (for women only)
- Discrimination law (though this is unnecessary because agency workers are already explicitly covered by the Equality Act 2010.)
See also
- UK labour law
- UK agency worker law
- Employment Agencies Act 1973Employment Agencies Act 1973Employment Agencies Act 1973 is a United Kingdom Act of Parliament and part of a wider body of UK agency worker law. It regulates the conduct of employment agencies which recruit and manage temporary and permanent labour. It applies to approximately 17,000 employment agencies operating in the UK...
- Gangmasters (Licensing) Act 2004Gangmasters (Licensing) Act 2004The Gangmasters Act 2004 is an Act of the Parliament of the United Kingdom that regulates the agencies that place vulnerable workers in agricultural work, and the shellfish collecting and packing industries . It is the most recent plank of UK agency worker law...
- Employment Agency Standards InspectorateEmployment Agency Standards InspectorateThe Employment Agency Standards Inspectorate is a division of the Employment Relations Directorate, part of the Department for Business, Enterprise and Regulatory Reform, which is meant to oversee employment agencies operating in the United Kingdom...
External links
- Proposed directive on Agency workers COD 2002/0149
- Temporary and Agency Workers (Equal Treatment) Bill 2007, a proposal which has currently (13/3/2008) passed its second reading. Here is the Bill in a pdf file
- Directive 97/81/EC on Part time workers
- Implemented under Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000The Part-time Workers Regulations 2000 is a UK labour law measure which requires that employers give people on part time contracts equal pay to people on full time contracts who do the same jobs. It implements EU Directive 97/81/EC, and forms part of the European Unions programme to combat...
, SI 2000/1551
- Implemented under Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000
- Directive 99/70/EC on Fixed term workers
- Implemented under Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002Fixed Term Employees Regulations 2002 form a UK statutory instrument aimed to protect employees who have fixed term contracts...
, SI 2002/2034
- Implemented under Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002
- Powerpoint presentation on the state of the EU market from the European Confederation of Private Recruitment Agencies.
- Directive 91/383/EEC of 25 June 1991 supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed- duration employment relationship or a temporary employment relationship.