Tue, 4 May 2010

Agency Workers Regulation under threat

The Government has delayed the implementation of the Agency Workers Regulation until October 2010, throwing its future into jeopardy. The Conservatives opposed the regulations vigorously from the beginning of the formation, and there is now concern that if they win the next election they may seek to amend, or even attempt to repeal, the regulation. They believe the regulations will have an adverse effect on agency workers as end users will avoid using them. But an employment law firm has warned employers not to rely on the possible change of government to make compliance easier.

Mark Hammerton, partner at international law firm Eversheds, explained there is little room to change the legislation: ‘The reality is that any Conservative Government would have limited power to amend the regulations, let alone repeal them, given that they derive from EU legislation. A failure to implement the Directive in full would lead to the EU taking enforcement action against the UK,’ he said.

In addition, the Trades Union Congress is in favour of the regulations, so any proposed changes by a Conservative Government would be seen as protecting employers’ interests over and above agency workers.