Confusion surrounds Agency Workers Directive

Printers using agency workers could be set for a confusing couple of months, with the government unclear how it will roll out the Agency Workers Directive, despite its implementation due on 1 October.

The directive will give temporary agency workers the same rights as full-time employees on areas including pay, holiday and maternity leave after 12 weeks of employment.

However, the government is contemplating diluting the EU directive when it goes live in the UK, to the extent that it could face an EU fine.

According to the BPIF, a dilution would be welcomed if it lessoned the impact on printers.

However, BPIF solicitor Carole Banwell, said: "It is difficult to see how this late intervention just days before the regulations come into force can produce anything but confusion; properly thought-through amendments take time to get right if they are to be lawful and workable.

"That said, there may be scope for the regulations to be lawfully watered down and critics of the original European directive have long complained that its implementation in the UK went beyond what the directive required in some areas. But any changes cannot happen overnight and employers have no choice at the moment other than to continue to carry out their impact assessments and action plans to ensure they don't fall foul of the regulations.

"In particular it should be remembered that the 12-week qualifying period falls just before Christmas when many printers may be about to close for the holidays and may be unable to properly address any issues which arise as a result."

It is unclear when the government will finalise plans to make these changes.

Unite has already stated that it will take legal action against any company seeking to avoid the regulations.

However, assistant general secretary Tony Burke said that the regulations could be a lot stronger.

He said: "There are many flaws. But it should outlaw most companies who use temporary workers as a cheap form of labour and it will give temporary workers a form of stability.

"In the past few years we have seen entire departments hived off and run by agency workers on considerably lower wages. Hopefully when it comes in this sort of thing will be stopped."