Justice for Agency Workers?

Good to read in the Times On-line today that exploited agency workers may finally be given some protection under an EU directive and no longer treated as 3rd class citizens.

Details are a little unclear but I suspect that “The Times” is scaremongering as usual over the suggestion that agency workers will be getting “full rights” after only 6 weeks. It takes a year for permanent staff to be given protection from unfair dismissal so I can’t see agency staff being given greater rights than permanent.

I hope that it is intended to put an end to a two tier “terms and conditions” workforce and that agency staff should be on “broadly similar” terms as permanent staff. I cannot for the life of me work out why anyone apart from agency bosses would be opposed to this? We gave part time and long term directly employed temps the same rights years ago. The world did not end. The harsh facts of the matter are that many agency workers are treated like dirt by their employers and something simply needs to be done about it.

Also, we see the CBI are up to their usual dirty tricks by claiming that up to “250,000” workers will lose their jobs if this directive is implemented! Yeah, just like the millions of jobs they forecast will be lost if there was a minimum wage.

It is, to say the least, “disappointing” that the Labour government is apparently trying to delay the changes. I can understand why they feel that they have to keep up this “Fairness not Favours” balancing act on employment issues. Labour wants (and needs) the support of “middle England” as well as the unions. However, this is 100% a fundamental fairness and social justice issue. Many agency jobs are not on real “temporary” assignments. They are just cheap and easy to get rid of. Millions of vulnerable British workers having to put up with low wages, no employment tenure and no sickness or pension benefits. The exchequer is being robbed out of billions in lost PAYE taxation and national insurance payments from bogus so-called self employment.

To be fair to the government they say they are committed to bringing in rights for agency workers (its also I think an outstanding commitment from the Warwick agreement?) but say they “are worried” that the current proposals are badly written and could harm employment. I think these worries are overdone and exaggerated.

Maybe this is a vision thing for Gordon? It is also electorally clear “red water” that we ought to exploit for all its worth. The Tories are of course opposed to any such change.

Millions of agency workers could see tangible real benefits from a Labour government – pounds in their pocket, money if they become ill and money towards a pension for when they grow old. Genuine, real short term employment needs and flexibility will not suffer and no doubt there will still remain a large agency sector.

However what we can get rid of is 19th century Dickensian employment practices that have no place in a 21st century that should be led by principals of fairness and social justice (and BTW – a century of Labour Party governments with clear majorities?)

UPDATE: Bad news - another delay I'm afraid http://www.labourhome.org/story/2007/12/6/13148/4809

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Re: Justice for Agency Workers? (#1)

"I cannot for the life of me work out why anyone apart from agency bosses would be opposed to this"

I think many IT contractors oppose this. When I was a contractor working through an agency, I was doing it to be independently self-employed, and didn't want my "rights" "protected" by the government. Many secretarial and administrative workers work in this way for freedom to move around, take long breaks etc. People who work through agencies in these ways shouldn't have to suffer greater controls, less flexibility etc. if that is their choice. Employers who provide work for these people should be able to do so without taking on extra responsibilities that neither want.

Re: Justice for Agency Workers? (#3)

Hi Orzr – there will be nothing to stop agency working in the future?  If people really” choose” to do so then good luck to them.  What I hope will be proposed is that agency staff are paid at least as much as their permanent colleagues.  Yes, often genuine contractors with specialist skills on short term contractors can attract premium rates and prefer this lifestyle.  I have however, come across many people who have run into problems with sickness or after a serious accident. 

There is a problem that many so-called “contractors” are in fact bogus and should be put on the “books” of the company and all parties should be pay their proper rates of NI and PAYE.  This is a separate problem.
To be honest, what I am more bothered about is the percentage of 1.3 million agency workers who are on rotten wages, lousy working conditions and are desperate for a permanent job.  I think you will find that the overwhelming majority of agency worker are simply exploited and some live insecure, poverty stricken lives. In Tower Hamlets Council  most of the housing caretakers are agency staff on minimum wage, no sick pay, no overtime rates, no employment protection and of course, no pensions.  How on earth can any survive on £5.52 per hour in inner London?  Surely, we shouldn't be saying “I’m alright Jack” and not want anything done to help these people?

Re: Justice for Agency Workers? (#2)

Well i hope this will be extended to the disabled as well, I only have protection after 52 weeks, but then again I normally get a one year contract must leave and return in three months. This way the employers keep the grants for employing me.

Re: Justice for Agency Workers? (#4)

Hi Treborc – Protection under the DDA applies from day one of employment (admittedly, often in theory more than practice).  There is no waiting period for protection against dismissal on ground of disability.

 

These proposed changes will help if you were employed by an agency since you should get the same conditions as permanent staff.  Staff on long term fixed contracts should already get the same level of benefits as permanent staff.  But there is a separate issue over employment protection which you are quite right, also needs to be addressed.

Re: Justice for Agency Workers? (#9)

The DDA well yes sadly the DDA says I should be able to get any job I am qualified for , well thats rubbish, in the past five years I've been told god your joking, where would we put you, your so crippled we have to pay you for nothing.

Last Month while waiting for an interview at Asda the manager stated to a colleague we have enough people in here doing nothing, but sitting in wheelchairs wasting the companies money, tell him we have our quota of disabled people, it's been illegal to have quotas for many years.

The government in it's wisdom has placed on disability the twelve month rule, I cannot take a company to a tribunal until employed a year.

SO yes the DDA says a lot sadly it is like a bucket with a hole it does not hold water.

Re: Justice for Agency Workers? (#10)

Hi Treborc
Please ring the Equality and Human Rights Commission Disability helpline 08457 622 633 about your experience.  While you have to be employed for a year to take an employer to a tribunal for unfair dismissal – there is no such time limit for disability discrimination (nor sex, race etc).  The law clearly applies to the interview process.  You do normally have to make a tribunal application within 3 months of the "act of discrimination".   The behaviour of the ASDA manager is unlawful in my view.  Proving it may be another thing.  Let us know what they say?

Re: Justice for Agency Workers? (#5)

This seems another issue where it is the detail that is important, and good to see the EU playing a progressive role, but the 'politics' can get in the way. Agency working should not be a way to force down terms and conditions, but neither should it impede flexibility as an employment choice, and as you say I don't see that these have to be incompatible. But you get people on one side who want everyone fixed in a job and don't appreciate that competition drives the creation of wealth for everybody and is the only way poverty can really be tackled, and on the other people who see 'the market' producing some kind of natural justice and any regulation gets in the way of that. I'm surprised that often the CBI seem to take the latter view. If the regulation is framed appropriately competition will not be harmed as everyone has to play to the same rules; its not as if Britain is in any position to compete internationally on the basis of low labour cost exports, and for the vast majority of firms low paid agency staff are not a major factor. Maybe more explanation on how it would work in practice would help?

Re: Justice for Agency Workers? (#8)

Good points Simon, I'm trying to find exactly what is being proposed and what the key sticking points are? anyone out there got some info?

Re: Justice for Agency Workers? (#6)

I really hope this comes into force - but isn't it disappointing that it's relied our Labour representatives in Europe to push for this and the Government in Westminster has opposed it.  Paul Farrelly's bill earlier in the year was backed by many Labour backbenchers, but resisted up to now by New Labour ministers. Fingers crossed it succeeds.

Re: Justice for Agency Workers? (#7)

Just heard that there has been a 'stalemate' in Europe and we will have to wait until 2008.

This I feel is terrible.  It was the UK who resisted calls for the directive, along with Germany & Malta who had lesser concerns.  There are two points here.  Firstly, the warwick agreement in 2004 demanded that an early resolution was reached on the agency worker directive.  The Labour Government have reneged on this.

Secondly, how on earth could the party become so right wing!!  I am still astonished how right wing the party has become after John Smith died.  Lets now hear all the typical New Labour arguments about flexibility and the cost to jobs.  Sweden and Denmark have higher levels of worker rights and a similar level of unemployment and backed the Agency Workers Directive.

Let's face up to it.  Conservative Sarkosy in France would have happily signed it and offered protection to millions of vulnerable agency workers.  Our own Labour government refused and sided with the interests of business and shareholders.  Shameful.

Re: Justice for Agency Workers? (#11)

Hi sgthowie

Yes, this is hugely disappointing but the Government is still committed (it’s also a manifesto commitment I think?) to bringing in agency worker protection so we need to keep the pressure up.