Agency Workers Regulations will not be amended
Following the announcement in July 2010 that the Agency Workers Regulations 2010 were under review due to various concerns in the business community, the Government has confirmed that it will not now be amending the Regulations before they come into force in October 2011.
The Agency Workers Regulations 2010, providing basic working and employment conditions for temporary workers that are no less favourable than if they had been recruited direct by the hirer after 12 weeks, were laid before Parliament in January 2010 under the Labour Government. In July 2010, the new Coalition Government announced that the Regulations were under review due to various concerns of the business community.
The Employment Relations Minister has announced, however, that the Government will not be amending the Regulations before their entry into force in October 2011. Despite considerable sympathy with proposals to simplify certain aspects of the Regulations the Government considers itself constrained by the “unique legal situation” created by the CBI/TUC agreement and any amendments made without the consent of both organisations could be subject to legal challenge. Guidance will be published in early 2011.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
