commercial property
commercial litigation
company & commercial law
employment law
debt collection
corporate tax services
VAT consultancy
notary public services
agricultural & rural affairs
taxation farms & landed estates
charities
trusts
employment law
rural disputes
mfg gives qualified welcome to Agency Workers Equal Rights Bill
Published March 2008
The head of employment law at mfg Solicitors has given a qualified welcome to the passing of the Agency Workers Equal Rights Bill on its second reading in Parliament.
mfg partner Sally Morris, while approving the reasons behind the Bill, questioned whether its successful passing would bring equal rights in the near future to more than one million agency workers in the United Kingdom
She noted that 147 MPs voted in favour of the Bill and 11 against, indicating a significant shift in opinion towards more rights for agency workers.
As it was a private member's bill, led by Labour MP Andrew Miller, (Ellesmere Port and Neston) it was nodded through without the support of the Government and therefore has little chance of becoming law.
He said afterwards: "What the bill proposes is morally right. How can it be right for people to work alongside each other with the same skills doing precisely the same task - and yet one category of employee is worth less than another?"
mfg’s Sally Morris said: “It is suggested that when France takes over the presidency of the EU later this year it is likely to revive the proposed EU directive which could grant agency workers rights to equal treatment after six weeks' employment.
“At present those working as agency workers are not entitled to certain benefits such as sick pay and some have no right to claim unfair dismissal.
“Despite the lack of official government support, the Prime Minister has offered to set up an independent commission in order to consider the current protections given to agency workers.”
The Prime Minister met union representatives on February 25 to discuss the proposals in the Bill.
The commission would seek to explore the issues surrounding agency workers, including length of employment before any new rights would be enforceable.
Those against the Bill believe that conferring equal rights to agency workers would lead to job losses and damage competitiveness.
Its supporters, which include the trade unions, believe it would create a “level playing field” for all workers.
The Court of Appeal recently approved the Employment Appeal Tribunal decision in James v London Borough of Greenwich.
This ruled that an agency worker was not employed by the end-user to which she had been supplied by an employment agency.
It held that whether an agency worker was employed by an end-user must be decided in accordance with common law principles of implied contract and, in some very extreme cases, by exposing sham arrangements.
The Court of Appeal stated that, although fully aware of the ongoing debate at both domestic and EU level about the absence of job protection for agency workers, courts and tribunals cannot confer the right not to be unfairly dismissed on a worker who does not have a contract of employment.
Sally Morris said: “Pending any legislative intervention, the Court of Appeal's judgment in this case shows that until then each case will be based on its own facts and judged on its own merits.
“This is relevant not only to those setting up or entering agency working arrangements, but also to those who wish to challenge them.”
If you would like to find out more about the services that we provide, please e-mail or contact us to arrange a meeting.
