Agency Workers Regulations will remain unchanged

09/12/2010

By Nick Hobden, Partner and Head of Employment.

We have previously reported on the Agency Workers Regulations 2010 (AWR). The AWR were drafted under the previous Labour administration, in order to implement the European Temporary Workers Directive and are due to come into force on 1 October 2011.

In a nutshell, the AWR will require agency workers to be afforded the same basic terms and conditions as directly employed members of staff, once they have been in post for 12 weeks. The AWR have caused much consternation within the business community, with grave concerns regarding the effect that they will have on the flexibility of our workforce.

Before the General Election, the Tories made it clear that they proposed to review the AWR if they got into power. Since forming the Coalition Government, the Employment Relations Minister, Edward Davey, suggested that the AWR were under review. However Mr Davey announced on 19 October 2010 that the Government will not be amending the AWR after all. Whilst the Government expressed "considerable sympathy" with those who wanted to see changes to the AWR, it said that its hands were effectively tied.

It will come as cold comfort for those opposed to the AWR, but the Department for Business Innovation and Skills is apparently in the process of drafting the "best possible guidance", aimed at helping employers to understand their obligations under the new law. This guidance is expected to be published in draft form in the early part of 2011. But employment agencies and employers alike need to review their current practices and consider what, if any, changes need to be introduced over the next 10 months in the light of this news.

If you need advice on the AWR and its implications for your business, please contact a member of the employment team.