APSCo Responds to news that the Prime Minister is reviewing implementation AWR

Responding to the news that the Prime Minister is reviewing implementation of the Agency Workers Directive, Ann Swain, Chief Executive of the Association of Professional Staffing Companies (APSCo) said:

“Indications coming out of No. 10 that there will be a review of how limited company contractors are excluded from the Agency Workers Directive are to be welcomed. APSCo have provided Government with a methodology that will clear up the lack of clarity that remains and we hope that this will now be adopted.

If the Government is to undertake a wider ranging review of the Directive, however, the issue that is in most need of review is around liability where there is a breach to an agency worker’s rights to equal treatment. The Government should seek to halt the trend of client organisations including indemnities within their contracts, which pass liability for any breach under the AWR to the recruitment firm. Liability should be apportioned according to responsibility for a breach, in line with the spirit of the Directive.

APSCo members will be hearing from Employment Minister, Ed Davey on the implementation of the Agency Workers Regulations in Parliament on Tuesday September 13 at The House of Commons, and will use this opportunity to make sure that our voice is heard on this key issue. We have also offered our support and advice to The Prime Minister as No. 10 reviews the legislation.”