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14 October 2011 / Sarah Johnson
Issue: 7485 / Categories: Features , Tribunals , Terms&conditions , Employment
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No more them & us

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Enhanced equality for agency workers provides a headache for employers, warns Sarah Johnson

“Getting a temp in” has been a popular solution to staffing issues, with around 1.3 million agency workers in the UK labour market. The attraction of using temps declined this month when the Agency Workers Regulations 2010 (SI 2010/93) (the regulations) came into force on 1 October. They aim to improve the position of many temps working alongside permanent staff who enjoy substantially better terms. The Department for Business Innovation and Skills has provided helpful guidance on the regulations (see www.bis.gov.uk).

Who is covered?

The regulations apply to agency workers who are supplied by a temporary work agency to work temporarily for and under the supervision and direction of a hirer, and have either an employment contract with the agency or another contract to perform work or services personally.

Agencies could include traditional employment businesses or intermediaries, such as umbrella companies, involved in the supply of the agency worker. Examples of arrangements not covered are:
 

  • genuine self-employment (where the agency or
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

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Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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