Agency Workers Regulations 2010

The Agency Workers Regulations 2010 follow the Agency Workers Directive which came into force in December 2008. These Regulations generally give Agency Workers (AW) the right to equal treatment in relation to pay and conditions as if the worker had been recruited directly by the hirer.

Campaign

Our campaign has been to persuade the government to introduce regulations that are not disproportionate, and reflect the EU Directive without gold plating. From the outset we have argued against excessive measures and for a fair balance reflecting the realities of the recruitment industry.

Having largely achieved our aim by active participation in the two consultations coupled with a high profile press campaign and coordination with the Institute of Directors, the Regulations were finally published in January 2010, with much of the anticipated gold plating removed. However they remain controversial in a number of areas, and we have continued to press the Coalition to make amendments in key areas, particularly the Swedish Derogation (R.10) which we believe is flawed as currently drafted. The ARC also worked with the Department of Business Innovation and Skills (BIS) to produce the guidance accompanying the AWR. Whilst potentially helpful in providing explanations and examples, it should be noted that guidance cannot change the law and it remains unclear in a number of respects.

Since it came into force on 1 October 2011 there is evidence that the AWR are doing more harm than good. As a result the ARC is pressing the Government for an early review of the AWR, sooner than the announced review at the end of this year. Our position is that the AWR cannot be shelved for any period of time if in practise they are not achieving the objective, yet are causing significant adminstrative costs and at the same time are reducing the ability for UK businesses to use agency workers as a suitable flexible resource.

Our campaign has also evolved to monitor the effects the AWR are having upon recruiters and business generally. There are practical issues arising from the principle of the regulations but there are also legal issues relating to interpretation. This new phase in ARC's AWR campaign has led to an additional campaign for a quick procedure for early declaratory (by the courts) interpretation.

Background Information on the Regulations

What can you do?

Very simply, support our efforts in this and other areas by joining us. We are here to support our members for the benefit of the industry.

For more information contact ARC on 01273 777997.

Our detailed responses to the Consultation are available to ARC members.