Agency Staff Seeking Employment Law Help Increases Following Agency Workers Directive
Leading UK employment law expert www.youremploymentmatters.co.uk finds that many recruitment agencies for temporary and contract workers are utilizing a loophole in the Agency Workers Directive in a bid to get away with not treating agency staff fairly.
NORTHAMPTON, WEDNESDAY 8 FEBRUARY, 2012: The Agency Workers Directive (AWD), which was introduced on 1 October, 2011, gives temporary and agency workers equality with directly employed staff after 12 weeks in a job. This can mean that agency and temporary staff are eligible for pay rises and rights to holidays, sick pay, maternity leave and even access to private health benefits.
But little over 12 weeks after the introduction of the new legislation, Your Employment Matters has seen a significant influx in agency workers contacting the Northampton based company for assistance in employment law.
Caroline Harper at Youremploymentmatters.co.uk says:
“We have had an influx of agency workers contact us in January regarding not receiving comparable employment and working conditions as permanent staff, following their 12 week qualifying period. This includes, overtime, shift allowances, holiday pay and bonuses.
“This is very early days, but it already appears that many agencies are not following the spirit of the law, and using this ‘loophole’ as a way to deprive agency workers of equal rights. We have received many enquires whereby agency workers have already completed the 12 week qualifying period and are being forced into signing the Swedish Derogation Model, or face the threat of loss of work.
“Basically agencies are taking on the workers, as their own employees on a permanent contract, thus not having to pay them in line with the AWD, because they are the umbrella company’s employees, and no longer classed as ‘workers’.
“Our advice if anyone is experiencing this situation is to submit a written grievance and if necessary consult the services of an expert in employment law.”
For more information on Employment Law, No Win No Fee Unfair Dismissal, Temporary Contracts visit www.youremploymentmatters.co.uk
Notes to Editors:
When the Agency Workers Directive was negotiated at EU level a Swedish delegation negotiated a clause that said:
Where ‘agency workers’ are employed on a permanent contract by their Temporary Work Agency (Recruitment Agency or Umbrella Company) and receive pay in-between assignments, the AWR rights to equal pay for an agency worker no longer exists (so the client/Employer does not have to ensure the Contractor/Agency Worker receives equal pay to a comparable employee).
In order for the For the Swedish Derogation Model (SDM) to apply correctly however:
- The permanent contract of employment with the worker must be in place before the start of the agency workers first assignment and the employment must be genuine. This means that an agency worker working through an Agency at a client/Employer on a standard contract of services for agency workers can have this contract terminated one day and a new assignment with a permanent contract of employment with the same Agency (working at the same client/Employer) can commence the next day.
- The agency workers must receive pay in between assignments for no less than four weeks. The amount will be 50% of the workers’ average basic pay for the last 12 weeks, or the national minimum wage, whichever is the highest.
- The umbrella company take reasonable steps to seek suitable further employment for the worker when their assignment ends and make sure it is offered to the worker.
Related Links
Agency workers receive pay and conditions boost - http://www.bbc.co.uk/news/business-16324278
Agency Workers rights explained - http://www.bbc.co.uk/news/business-15131557
Time is up for temporary staff, say third of bosses -http://www.telegraph.co.uk/finance/businesslatestnews/9003713/Time-is-up-for-temporary-staff-say-third-of-bosses.html
Caroline Harper is available for interview on this topic. Contact Dale Lovell on 01753 859 588 or email: dlovell@searchnewsmedia.co.uk for more.
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