Agency Worker Regulations draft guidance published

Agency Worker Regulations draft guidance published today – more work required

Commenting on the draft guidance, which the Department of Business Innovation and Skills (BIS) is due to publish for comment today, Adrian Marlowe, Chair of the Association of Recruitment Consultancies (ARC), said “BIS has worked very hard to produce guidance that is intended to help everyone understand the regulations, and the ARC has provided significant input. However the process is not yet concluded as BIS would like to draw in comments from the marketplace within a two week window before finalising what is currently a work-in- progress. More work is therefore required.”

“To assist towards that end the ARC is holding a meeting on 12th April at the BIS Conference Centre to allow agencies and hirers the opportunity to provide comments directly to the BIS team. These comments will be taken into account when the final guidance is published probably some time within the next six weeks.”

However Marlowe cautions against relying on the draft as it stands “Although it will of course give a good indication of BIS’ thinking on points covered, the guidance may still change as BIS takes into account comments made over the next two weeks including those obtained from the ARC meeting. Also and in any event the golden rule is that the law itself is what applies, and so if the draft does not replicate the strict legal position it is the legal position that rules supreme.”

Even after the comment period is over the ARC maintains there is yet more to be done: “We are now approaching the end of a very long process resulting in all being able to see the Regulations and the guidance as a whole entity. However, in our view there are some areas in the Regulations that still need tidying up on which the ARC will continue to press BIS.”