Employment Agencies: Implementation of the Agency Workers Directive: A Consultation on draft regulations
Open date: 15 Oct 2009
Closing date: 11 Dec 2009
Response date: 21 Jan 2010
This consultation document sets out the Government’s proposed approach to implementation of the Agency Workers Directive following a policy consultation earlier in the year. It provides a synopsis of responses to the previous consultation, and seeks feedback on draft regulations.
Background to consultation
The Department for Business, Innovation and Skills (BIS) has carried out two consultations in 2009 on the implementation of the Directive on conditions for temporary (agency) workers – Directive 2008/104/EC - more usually known as the “Agency Workers Directive” (the Directive). Member States have until 5 December 2011 to implement. We propose to implement on the basis of the CBI/TUC agreement of May 2008 which allows for equal treatment to apply after a temporary agency worker has been in a given job for 12 weeks. In doing so, our key objectives are to ensure appropriate protection for temporary agency workers whilst maintaining a flexible labour market. The second consultation on draft regulations, closed on 11 December 2009.
The regulations can be found on the OPSI website : Terms and Conditions of Employment: The Agency Workers Regulations 2010
Purpose of consultation
This consultation document sets out the Government’s proposed approach to implementation of the Agency Workers Directive in the light of our policy consultation earlier this year. It provides a synopsis of responses to the previous consultation, sets out the way in which we now intend to proceed, and seeks comments on draft regulations. It sets out the key elements of the Government’s proposed approach to who should be covered by the Directive, the definition of pay, holiday entitlement, duration of working time, the 12 weeks qualifying period, how the principle of “equal treatment” should be established, liability for compliance with obligations under the Directive, and dispute resolution. This consultation is seeking views on this approach.
Areas for consultation
This second stage of consultation is specifically seeking views on:
- our proposed response to issues arising from the previous consultation
- whether the draft Regulations (Annex A), effectively reflect our policy intentions as set out in this document
- whether the details of our proposals, as reflected in the draft Regulations, give rise to any particular issues of concern; and
- what practical advice users would welcome in the guidance which will accompany the Regulations.
Download the consultation
Download the government response
