Agency Workers Directive delayed until October 2011

The Government has announced that the introduction of the Agency Workers Directive (AWD) will now be delayed until October 2011.

The AWD will give agency workers the right to the same pay, holidays and basic conditions as permanent staff after 12 weeks in the role.

There had previously been speculation that the Government would enact the legislation before next year’s general election, as they had been called to do by the TUC; however, it now seems that concerns about imposing further regulation on businesses, many of which are struggling in the current economic climate, have caused the Government to re-think this timing and opt for the latest possible implementation date.

The second consultation on the draft regulations has also been launched. In addition to the entitlements referred to above, an agency worker will gain the following under the consultation’s proposals:

• A right to information about vacancies for permanent posts within the organisation
• Equal access to on-site facilities such as child care and transport
• Improved health and safety protection for new and expectant mothers including the right to time off for ante-natal appointments
• Despite this later implementation date, employers may wish to assess their use of temporary workers now and the increased cost of that use after the implementation of the directive.