| Giving agency workers
the same rights as full time staff
John Arnold of Cullimore Dutton

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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.”
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