Agency workers were given cause to celebrate on Saturday 1st October as changes in legislation means there will be a dramatic increase in their rights after twelve weeks’ service. On completing their twelfth week these regulations will provide all agency workers with a right to equal treatment over basic employment and working conditions, e.g. working time, overtime, holidays, public holidays and pay.
These celebrations were unfortunately cut short as employers are expected to try and avoid giving temporary staff these rights by dismissing them as they approach 11 weeks’ service. As a result of this, any agency workers who have or are about to start a new temporary role may be facing unemployment at one of the most crucial times of the year, Christmas.
With the holiday season 12 weeks from now this may leave many temporary workers unemployed a week before Christmas. Emma Carruthers from Human Capital Services said: “The timing of this change in legislation is extremely unfortunate for agency workers who are or have recently started a temporary role. We estimate that around 250,000 temporary staff will be let go on or around their eleventh week of service. Employment legislation has become a minefield for employers, causing conflict and confusion in the workplace.”
Unfortunately, even if this legislation were to be updated to cover this loophole, it will be too late for current agency staff. As this change starts to take effect it will highlight the importance of ensuring that contracts, policies and procedures are up to date and concise. With regulations changing almost every 6 months it is impossible for businesses to keep up to date. It is clear to see why more and more business owners are seeking professional help to ensure that they are protected against any potential tribunal claims.
Alongside the Agency Workers’ legislation, a policy on Default Retirement Age and an Equality Act were created. October 2011 also saw updates to Maternity & Paternity Rights and the Minimum Wage.
Miss Carruthers also commented: “As these policies grow more sophisticated, companies must ensure that their contracts, policies and procedures are all up to date. We have seen a rise in the number of companies looking for support and advice because failing to comply with even just one piece of legislation would deem that policy void and unenforceable. It is important to note that no-one can accurately predict what claims will end up in court or what the decision of the court will be, however, if we ensure that our policies and procedures are strictly followed and well-documented, it is a very effective way to defend against claims and lawsuits.”
If you would like more information regarding these matters please contact Emma Carruthers at Human Capital Services on 07525071747 or email emma.carruthers@hcsgroup.net.
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