Agency Workers to get (nearly) equal rights - but not yet
May 30th, 2008 by GilesA deal was struck last week over Agency Worker rights: the Joint Declaration issued by the Government was agreed by both the CBI and TUC and will presage a major change in the law: temporary and agency workers will be entitled to the same treatment as their permanent counterparts after 12 weeks working for a company.
The measures define equal treatment in terms of basic salary and holiday pay, but not occupational social security measures such as sick pay, pensions or maternity pay.
In addition to the perceived threat to thousands of jobs, these new rights could mean extra costs and administration. The Government anticipates ‘mechanisms for resolving disputes regarding the definition of equal treatment’ and ‘appropriate anti-avoidance measures’ - all hints of more bureaucracy for businesses to cope with.
The TUC general secretary, Brendan Barber, claimed the joint declaration marked a big change in the labour market with 70% of agency workers now being offered equal treatment for the first time.
The CBI referred to the agreement as ”the least worst outcome available” and are thought to have struck the deal fearing that if it continued to press the UK to block the temporary workers directive at the EU, Britain might have lost its opt-out from the EU working time directive.
The EU ministers will consider the deal in the autumn and after that it will be reviewed by the European parliament before legislation is introduced in the UK.
So it will be some time before agency workers get equality with permanent staff.