From Unity, 30 January 2010

New legislation for agency workers needs to be strengthened

by Gary Dennis

Unions have welcomed legislation laid before Parliament to give agency workers more rights—but warned that they risked being useless if a twelve-week "qualifying period" before the law kicked in was included.
     The Agency Workers Regulations (2010) will for the first time give agency workers the right to the same pay, holidays and other basic working conditions as full-time staff. Rights on pay will apply not just to the basic hourly rate but to all pay for work done, including bonuses.
     Yet the new rights will apply to agency workers only after they have spent three months in a given job and do not extend to such areas as pensions, sick pay, and maternity leave.
     The national secretary of Unite, Ron Webb, said: “We welcome this legislation as long overdue. However, companies will calendar the twelve-week qualifying period to ensure that many agency workers don’t reap the benefits.
     “No scope for manipulation should be given, which will arise if agency workers are made to work twelve weeks before being allowed proper rights.”
     The MP for Ellesmere Port and Neston, Andrew Miller, who promoted the private member’s bill on the issue last year, argued that the new rights should take effect from day 1. “I call upon all employers to ensure that they are acting within the spirit of these regulations straight away,” he said. “I will continue to monitor progress in this field to ensure that all areas of work apply the principles of fairness encompassed in these regulations.”
     A spokesperson for the construction union UCATT also outlined the potential problems of the twelve-week qualifying period within certain industries. He said: “The agency workers legislation is an important step forward. However, the twelve-week qualifying period remains problematic, particularly in the construction industry. In construction, agency workers are often employed for less than twelve weeks. Even if they are employed for a longer period they can still be denied equal rights if they are transferred to a different role.”
     The changes are being implemented in line with a TUC and CBI agreement which sought to ensure fairness within the British labour market. The general secretary of the TUC, Brendan Barber, saw the positive side of the legislation but also expressed disappointment that the rights will not be implemented earlier. “This is good news for Britain’s agency workers,” he said. “The government has made a significant step towards securing a fair deal for agency staff and stamping out some of the worst abuses. While we are disappointed that the protection will not start earlier, union campaigning—both here and across Europe—has secured another advance for people at work today.”
     However, regardless of any change in legislation, the Tories have already pledged to repeal or amend the regulations if they come to power.

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