DIRECTIVE 2008/104/EC ON TEMPORARY AGENCY WORK (The “AGENCY WORKERS DIRECTIVE - AWD”)

The main purpose of the AWD is to ensure the appropriate protection of temporary agency workers through the application of the principle of equal treatment and to address unnecessary restrictions and prohibitions on the use of agency work. The AWD follows similar directives on fixed term and part time work (which were based on European social partner agreements). Under the Directive “equal treatment” relates only to basic working and employment conditions of temporary agency workers (eg pay, working time); the Directive does not affect the employment status of temporary workers.

The Directive allows the UK to implement the agreement reached on 20 May 2008 between the CBI and the TUC, which means that after 12 weeks in a given job, an agency worker will be entitled to equal treatment (at least the basic working and employment conditions that would apply to the worker concerned if s/he had been recruited directly by that undertaking to occupy the same job).

TUC and CBI agreement

The agreement sets out how fairer treatment for agency workers in the UK should be promoted. Agreement was reached on a variety of issues including that after 12 weeks in a given job an agency worker would have an entitlement to equal treatment (at least the basic working and employment conditions that would apply to the worker concerned if they had been recruited directly by that undertaking to occupy the same job). It was agreed that occupational social security schemes would be outside the equal treatment provisions. This agreement helped break the deadlock on discussions in the EU by providing a basis on which the UK and other Member States could agree the AWD.

Consultation Paper published

The Consultation Paper on implementation of the Agency Workers Directive was published on 8 May; the closing date for responses is 31 July 2009. Please see link, and details of consultation events, below.

Consultation on implementation of the EU Agency worker directive

Pat McFadden's Written Statement in Hansard of 8 May 2009 announcing the consultation

BERR Press Release of 8 May 2009

Agency Workers Directive - Consultation events

BIS will be hosting a series of consultation events around the country for interested parties to discuss issues raised in the Agency Workers Directive Consultation Paper. If you are interested in attending, please register at: awdconsultationevents@bis.gsi.gov.uk. We will contact you to confirm that you have been allocated a place - please do not assume this until you have heard from us.