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Giving agency workers the same rights as full time staff

John Arnold of Cullimore Dutton



The Department for Business and Enterprise has been talking to business groups on the impact of potential new legislation and it is thought that Britain will press ahead with improving the rights of agency workers without waiting for legislation to come from Europe.

The unions want temporary workers to have the same rights as the permanent staff they work alongside, such as the same pay, pensions, entitlements to holiday and sick leave. They say that the increased use of agency staff by companies is creating a two-tier workforce in which some people have very few rights.

They have also campaigned strongly on rogue employment agencies that charge vulnerable workers, particularly migrant workers, excessive costs for finding them work, for accommodation, transport and other services that the employees do not necessarily want.

Business is adamant that it needs the flexibility of agency workers and that it would be too costly to give them all the same rights as permanent staff.

It is thought that the Government will try to establish a qualifying period after which temporary employees get the same rights. The CBI has said that it could live with giving temporary workers the same rights after a year’s continuous employment at one organisation because after that time workers are effectively permanent. Unions would like no qualifying period or a much shorter one.

The CBI has said that giving temporary workers the same rights as permanent ones could cost 250,000 temporary positions.

Commenting on the proposed change, John Arnold of Cullimore Dutton solicitors said: “It seems the most likely outcome of the legislation is that employers will not take on more permanent staff but instead will tend to ask their existing employees to work more overtime during busy periods.”