Government intends to implement the Agency Workers Directive beyond that intended by the EU?
At a recent seminar held by the recruitment law specialist Lawspeed and sponsored by the Association of Recruitment Consultancies (ARC) those attending were shocked to learn that the government potentially plans to implement the Agency Workers Directive far beyond the intention of the EU Parliament.
Adrian Marlowe, Chair of the ARC said In common with most others, we had thought that the Directive requires the government to implement the legislation in the way proposed. However our research now demonstrates that definitions and principles in the Directive, which limit the scope of equal treatment and the comparator, have been disregarded by the government. For example, the Directive simply does not apply to agency workers on assignment with the vast majority of average hirers, yet the government is taking a more heavy handed approach that will apply to all assignments, and would have us believe that this is down to the Directive. He went on to say The impression that the government is only acting in accordance with the Directive is a total myth. Everyone seems to have fallen for this hook, line and sinker.
Jonathan Djanogly, Conservative Shadow Minister for BIS (formerly BERR), speaking at the event criticised the way the Directive is being implemented and echoed the ARCs concern that the government is rushing through this piece of legislation inappropriately and unnecessarily.