Skip navigation

Law Donut, Commercial law advice

lexel accreditation logo
FSA Logo

newsletter thumbnail
Subscribe to and view our newsletter

Brown to fast-track agency workers rights

24th September 2009

Gordon Brown has pledged to fast track the introduction of new laws to give temporary agency workers the same rights as full-time employees.

Speaking to the TUC conference in Liverpool the prime minister promised to avoid postponing the UK’s adoption of the Agency Workers Directive, which must come into force by 2011, by introducing it to the statute book within the next few months.

The pledge is frustrating for employers and recruiters who had hoped the implementation of the law might be delayed and had warned of job losses in the face of a recession. They say the move will make it more difficult to dismiss temporary workers, and thus employers will think twice about taking them on in the first place.

One study earlier this month suggested nearly two-thirds of recruiters would scale back on their use of agency workers were the law to go through.

Speaking to union delegates, Mr Brown said: “I believe that the fight for fairness must include agency workers and so I pledge…that when parliament returns our new legislative programme will include equal treatment for agency workers”.

Under the new EU rules agency workers and temporary staff will be entitled to employment rights such as holiday and sick pay, after just 12 weeks in a job affecting 1.3 million agency staff nationally.

Shadow Business Minister Jonathan Djanogly warned the cost to new jobs would be massive. He said: 'We opposed these proposals in Brussels for six years and were amazed that the Government gave in to union demands to bring them in.

'This law will cost the economy £40billion over six years according to the Government’s own figures. It is hugely complex and will undoubtedly destroy thousands of jobs during a recessionary period. It is madness.'

Ann Swain, of the Association of Professional Staffing Companies, which represents recruitment firms, said the new laws would damage the employment prospects of thousands of well-paid contract workers.

She added: 'The Government appears to have a very outdated view of what a typical UK temporary worker looks like. The majority are not the vulnerable low-paid workers the EU is seeking to protect, but professional or skilled workers for whom this is hugely detrimental.

'It would be ridiculous to try to rush these changes through in order to curry favour with the TUC and we would hope the Government would delay implementation for as long as possible.'

Despite the Prime Minister’s announcement, the government has the discretion to delay implementation until October 2011.

John Cridland, deputy-director of the employers’ organisation the CBI, urged the Government to delay the new laws for as long as possible.

Mr Cridland said: 'It is imperative that the Government does not rush these complex proposals, and they should not be included in this Parliamentary session.

'Likewise, it is vital that business, agencies and workers are given time to adapt, and any changes must not be brought in before 2011.

Employment solicitor Susan Mayall of Pearson Hinchliffe Commercial Law, commented: “The move to push through the Agency Workers Directive (AWD) as early as next spring is widely seen as a bid to keep unions onside before next year's general election. It will give employers less than seven months to prepare for the changes and will probably deter firms who regularly employ agency staff from recruiting temporary staff.”

Contact Details: Susan Mayall

.(JavaScript must be enabled to view this email address)

0161 785 3500

Contact form



May 2012
Director and shareholder found in contempt of court for selling company assets

Templeton Insurance v Motorcare Warranties: High Court held director of an insurance company in contempt of court for breaching a freezing order imposed against the company.

More
April 2012
Pearson Hinchliffe founding Partner, Roger Hinchliffe, retires

After a 5-decade long career, head of Corporate Commercial department retires.

More
April 2012
Sunday Trading (London Olympic Games and Paralympic Games) Bill

Sunday trading restrictions during the Olympic and Paralympic Games to be suspended.

More
March 2012
The Budget 2012

Summary of the key points.

More
March 2012
National Minimum Wage rates for 2012-13 announced

The national minimum wage will increase by 11p to £6.19 an hour from October 1 2012.

More
March 2012
National Minimum Wage rates for 2012 announced

The national minimum wage will increase by 11p to £6.19 an hour from October 1 2012.

More
September 2011

How to Conduct a Disciplinary Hearing

A recent presentation by Employment solicitor, Susan Mayall, setting out the stages for handling a disciplinary, referencing the ACAS Code of Conduct.

June 2011

ACAS Advice leaflet “Holidays and Holiday Pay”

Download the guidance covering arrangements for holidays and holiday pay.

October 2010

Recent Case Study: Commercial Landlord and Tenant - An Authorised Guarantee Agreement

Authorised Guarantee Agreements keep the original tenant on the hook in case a third party assignee defaults; they should be drafted with care.

July 2010

Recent Case Study: Doing Battle in the Boardroom

How Pearson Hinchliffe Commercial Law helped members of the Board of Directors achieve the outcome they sought in their boardroom dispute with a senior executive director.

May 2010

How the Mergers & Acquisitions team helped Lanes Group PLC achieve their LAS sell-off

Drainage specialists dispose £12.3 million majority stake in Lanes Assistance Services.

March 2010

PH Employment Direct

The Employment team at Pearson Hinchliffe Commercial Law have created PH Employment Direct - a user-friendly and simple service that gives you access to the best advice at the end of a phone 24hrs a day, 7 days a week, 365 days a year.

January 2010

Debt Recovery Service

With our specialist commercial Debt Recovery service you can significantly increase the speed and likelihood of recovering the money owed to your business.

October 2009

M&A Opportunities

A live selection of current assignments offered by Pearson Hinchliffe Commercial Law or those of our professional partner organisation,