PCS PARLIAMENTARY BRIEFING: December 2009 The Agency Worker Regulations will follow a joint declaration signed by the CBI and TUC agreeing to a 12 - week qualifying
period for agency workers to be given equal treatment with permanent staff.
This derogation disapplies equal pay
requirements for agency workers who are employed by the agency on a permanent contract and who continue to be paid during breaks between assignments.
One key requirement is that the agency workers are paid «downtime pay» (of at least 50 % of normal pay) by the TWA in between assignments; an obligation which must be complied with for an aggregate period of at least four weeks before the employment contract may be terminated, during which reasonable steps must be taken to seek suitable
work for the agency worker.
Whilst it is fair to say that setting equal pay and access to collective
facilities for agency workers proved controversial in UK, we are now two years on.
In the wake of the Stronger Workplaces for a Stronger Economy Act, 2014 («SWSE»), which came into effect on November 20, 2014, companies that use Agency workers will, starting on November 20, 2015, be jointly and severally
liable for Agency workers» wages in the event that the Agency does not properly pay its employees.
Tony Woodley, joint general secretary of Unite, said that government must also learn the wider lessons from this case: «When faced with further evidence of the routine abuse of agency workers, and the growing clamour for action on agency abuse, Ministers have no business ruling out legislation on equal
treatment for agency workers.
Equal rights
for agency workers The T&G and other unions are campaigning to end the abuse of agency workers.
They'd dump rights on equal pay, working time, annual leave,
for agency workers, and on maternity pay as fast as they could get away with it.
The government is taking wide - ranging powers that will allow ministers to scrap or water down rights like protections from excessive working hours, equal treatment
for agency workers, and redundancy protections.
remove ambiguities in employment status rules, with a set of rights
for agency workers that is clear and distinct, so that we can all focus on progress rather than dispute.