New Rights For Agency Workers
February 4th, 2010
Legislation to give Britain’s 1.3 million agency workers important new rights was laid before Parliament recently.
As agreed in 2008 by the TUC and CBI, the changes will give agency workers the right to the same pay, holidays and other basic working conditions as directly recruited staff after 12 weeks in a given job.
Commenting on the Agency Workers Regulations 2010, which implement an EU directive, Business Minister Pat McFadden said:
This change in the law is aimed at ensuring fairness for agency workers in relation to the permanent employees they work alongside. They are being implemented in line with the TUC / CBI agreement which sought to ensure fairness while maintaining flexibility for the UK labour market – a very important factor in our ability to create jobs.
It is only by engaging in the mainstream of Europe, actively influencing proposals and securing hard won agreements that we have been able to deliver a sensible and balanced package.”
The Regulations deliver on the Government’s commitment to get them on the Statute Book before the end of this Parliament. It will also give agencies, hirers and agency workers time to prepare and plan before the law comes into force next year.
In 2008 the Government secured a deal in Europe on the Agency Workers Directive that allowed Britain's rules to be based on an agreement reached in the UK between the CBI and TUC.
Since then the Government has consulted extensively with stakeholders, launching policy consultations in May and November last year. Over 300 organisations took part, representing all interests – trade unions, employment agencies, business groups and employers of all sizes from both the private and public sectors. Consultation events were also held across the country, enabling the Government to hear first-hand about the issues at stake.
For the first time agency workers will be entitled to equal treatment on basic working and employment conditions, including pay and holidays, as if they had been recruited directly by the hirer after 12 weeks in a given job. The rights on pay will apply not just to the basic hourly rate, but to all pay for work done, including bonuses that are directly related to the performance of the agency worker personally. But, as set out in the Directive, they will not extend to some of the wider benefits that permanent staff can enjoy in the context of their longer-term relationship with their employer, such as occupational pensions and sick pay.
To ensure that workers are not deprived of their rights by those who would seek to avoid equal treatment the Regulations include provisions that will deal with repeat assignments designed to prevent workers acquiring equal treatment rights. Agencies and hirers will face the prospect of having to pay out up to £5,000 to the worker if an Employment Tribunal finds that these specific anti-avoidance rules have been breached. And to provide a greater deterrent in low-value cases there will be a general minimum award of two weeks’ pay, subject only to Tribunal discretion if that level of award does not seem reasonable.
Other benefits that agency workers will gain from the first day of their assignment include:
- information about internal vacancies to give them the same opportunity as other workers to find permanent employment; and
- equal access to on-site facilities such as child care and transport services.
Source: Central Office of Information
Employment prospects not looking brighter in 2010 say British workers
January 28th, 2010
Employers are not interested in developing skills through training, according to new research.
Hopes that Britain's economic prospects will pick up in 2010 are not shared by the majority of UK employees, according to research released today. The survey, conducted by Home Learning College – the UK's biggest provider of award-winning vocational distance learning – shows that 74% of British adults do not see their employment prospects improving in the coming year*. In fact, 10% think things will get worse before they get better.
When asked about their current job, a quarter of respondents said they feel bored, unfulfilled and unappreciated. The negative impact of the recession on staff development is also highlighted by the fact that 37% say their employer takes no interest in enhancing their skills through internal or external training.
Lack of appropriate qualifications is seen as the key factor stopping around a third of people from getting their dream job. Lack of experience and lack of confidence were also cited as playing a role in holding back career progression.
Despite a lack of training support from employers, 40% of British adults are very or quite likely to study for a new qualification in 2010 under their own initiative. Over a third (37%) name career change as the driving force behind this desire to learn. A further third aim to enhance their knowledge and skills in order to secure a pay rise or promotion, while 30% plan to study purely for pleasure.
Dave Snow, Academic Director at Home Learning College, believes that employers should do their best to harness this interest in self improvement among their work force. He comments:
A 2009 report from the Chartered Management Institute (CMI) revealed that 46% of managers have lost key members of staff by offering inadequate levels of training. When post-recessionary recovery depends on retaining talented employees, investment in vocational training becomes a necessity rather than a luxury.
If we are to gain a firm hold on the road to financial recovery in 2010 then business leaders need to start demonstrating a commitment to staff training and development. Only then will employees feel more positive about their career prospects and be more engaged at work.
Targeted, professionally accredited training doesn't have to cost the earth, either financially or in administrative terms. In fact, distance learning represents an effective route for ensuring valued team members remain motivated and productive, while minimising their down time from existing work commitments.
* Survey conducted among 3,000 British adults in Dec 2009
Source: Home Learning College