Agency Workers Employment Status
Agency Workers Rights & Employment Status
Agency workers can still apply to Employment Tribunals for rights as employees against the hiring client, despite current rulings against such rights existing and the introduction of the Agency Workers Regulations (AWR).
The ARC argues that where an individual is entitled to agency worker rights, he or she cannot also be entitled to rights as an employee of the hirer in respect of the same work. The two sets of rights are inconsistent, yet both are currently enforceable.
As the existence of the AWR should nullify the chance of any employee rights against the hirer being awarded to an agency worker, the fact that agency workers can still bring claims of this nature can only unnecessarily damage relations between hirers and their supplying agencies and thus detract from confidence in the recruitment supply industry.
We say that removal of the ability to make dual claims where an individual is supplied to work for a hirer under the direction supervision or control of that hirer therefore makes absolute sense. It would bring much needed clarity for all including the agency workers themselves, would reassure relations and confidence in the industry, and at the same time lessen the number of claims to Employment Tribunals. A more confident basis for using agency workers will encourage use of the flexible resource that recruitment supply offers, assisting hirers and thus business in the UK.
ARC’s campaign, which has been running since the onset of the AWR, is to press the government to make the changes required to reflect the logic set out above.
The issue of employment status of agency workers has been much argued over the years, with a plethora of costly court cases. However these have resulted in few benefits for the claiming agency workers, as legal authorities since 2006 have consistently held that an agency worker engaged under usual supply arrangements has no employment rights as against the hirer. It is therefore time to put this one to bed!
Objectives – limit inappropriate claims by agency workers, remove hirer fear of a claim by agency workers and resultant deterrent, clarify status, save time and cost for all including the Employment Tribunal.
What can you do?
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For more information contact ARC on 01273 777997.