It’s been a long time coming, but this Saturday – despite worries and protestations from many in the recruitment, contracting and HR sectors – the implementation of the Agency Workers Regulations looks set to go ahead as planned with little change to the rules handed down from the EU.
Around a fortnight ago a representative from the Department for Business, Innovation and Skills (BIS) informed recruiters during a meeting at the Houses of Parliament that the institution of the AWR would go ahead despite some reports the legislation could be changed or even axed.
Last week the Recruitment and Employment Confederation (REC) repeated their call for the Government to conduct an early review of AWR. Minister Ed Davey has previously stated the new rules would not be reviewed until 2013 at the earliest, however the REC would like to see to see a review after one year to what they call ’the biggest regulatory challenge ever to face our industry’. As nobody is quite sure how AWR will play out ‘on the ground’, the REC believe a one year review is a ‘realistic step forward’.
There have been numerous contradictory appraisals of how the Agency Workers Regulations will impact freelancers, contractors and temporary workers. These range from no impact at all to a Mad Max-esque end of the world scenario where temporary work as we know it ceases to exist.
All we know for sure at this point is that the legislation, which will affect contractors using umbrella companies (but most likely not freelancers and contractors operating through their own limited company), will come into force on Saturday. Those within the scope of the regulations will be afforded similar rights to permanent employees in terms of holiday and sick pay after twelve weeks of continuous service.
In addition to those rights agency workers will also be granted a number of ‘day one’ provisions straight away, including access to staff facilities, notification of any vacancies and unfair dismissal rights.
Photo by Hartwig HKD – CC
