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).
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.
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
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.
Date | Location | Venue | Time |
| Wednesday 17 June 2009 | Cardiff | Park Plaza Hotel, Cardiff, CF10 3AL | 08:30 - 11:00 (with breakfast) |
| Tuesday 23 June 2009 | Manchester | City Tower, Piccadilly Plaza, Manchester M1 4BE | 10:00 - 13:00 (with lunch) |
| Tuesday 23 June 2009 | Newcastle | Government Office North East Citygate, Gallowgate, Newcastle NE1 4WH | 08:30 - 11:00 (with breakfast) |
| Wednesday 24 June 2009 | Leeds | Government Office Yorkshire Humberside Lateral, 8 City Walk, Leeds LS11 9AT | 10:00 - 12:00 (with lunch) |
| Friday 3 July 2009 | Birmingham | Maple House, Corporation Street, Birmingham | 10:00 - 13:00 (with lunch) |
| Wednesday 8 July 2009 | Glasgow | Scottish Enterprise, 150 Broomie Law, 5 Atlantic Quay, York Street, Glasgow G2 8JH | 10:00 - 13:00 (with lunch) |