header-logo header-logo

29 May 2008
Issue: 7323 / Categories: Legal News , Discrimination , Employment
printer mail-detail

Agency workers win equal treatment

News

Agency workers will be afforded equal treatment to their full-time counterparts after 12 weeks in a job, it has been announced, in a deal hammered out after six years of discussions between the government, the CBI and the TUC.

The agreement—which will see new agency worker rights outlined in legislation introduced during the next Parliamentary session—has been hailed as a victory by the TUC and the “least worst option” by the CBI. 
Natalie Black, employment lawyer at Thring Townsend Lee & Pembertons, says equal pay is likely to be a top priority. “While this may not be warmly welcomed by some employers, they can at least breathe a sigh of relief that various occupational benefits commensurate with long-term employment, such as sick pay and pension provision, have been excluded,” she says.

She adds that all parties must continue to work together to ensure that the competing needs of agency workers and employers are fairly reflected in the proposed legislation. “The balance is a fine one and the risk is that the new legislation will undermine a long-standing mutually beneficial relationship between agency workers and employers. Employers are also likely to consider that the agreement contradicts a recent judicial decision which found that the current status of an agency worker is a perfectly satisfactory one providing the tripartite relationships between the agency worker, the agency and its clients are sufficiently clear,” she adds.

Although the 12-week minimum period goes some way to preserving the flexibility that employers currently enjoy, she says, the TUC will have to fight hard to ensure that any anti-avoidance mechanisms, such as those preventing employers from engaging workers on repeated short term contracts, are given sufficient legislative force to enable their workers to reap the benefits of their new entitlements. 

Issue: 7323 / Categories: Legal News , Discrimination , Employment
printer mail-details

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
back-to-top-scroll