Vulnerable agency workers

Government plans to protect vulnerable agency workers and clamp down on rogue companies have been criticised by the TUC. Although pleased that the Government has finally recognised that more needs to be done to protect agency workers, it said that the consultation was too limited in its scope and would do very little to address the poor pay and conditions of many temps.

Instead, it wants agency workers to have the same rights as permanent employees. It had urged the Government to uphold the principles contained in the now shelved European temporary agency workers directive by supporting the passage of a private members' bill - the Temporary and Agency Workers (Prevention of Less Favourable Treatment) Bill promoted by Paul Farrelly MP. However, this was “talked out” of time in the House of Commons last week.

Measures set out in the DTI consultation to protect vulnerable agency workers (which ends on 31 May) are limited:

  • Giving workers a clear right to withdraw from accommodation, transport or other services provided by an agency without suffering any detriment
  • Plans to alert potential migrant workers to their rights and highlight unscrupulous practices before they come to the UK
  • Making clear in guidance that driving agencies who flout the law and knowingly allow drivers to work beyond their hours can face criminal prosecution
  • Banning the taking of fees on the day that talent agencies hold open call castings and possibly for up to a week afterwards
  • Defining in law what can be included as a reasonable cost when a talent agency seeks a fee for including an individual's details in a publication in addition to providing work-finding services

The Government says it also intends to ease the administrative burdens on agencies. They will no longer have to provide workers on assignments of less than five days with written information, as long as details such as qualifications required and rate of pay are included in the agency's terms and conditions.

There are currently 1.4 million temporary workers, including agency workers, in the UK. According to DTI research, there are approximately 600,000 agency workers.

For an electronic version of this consultation, go to
www.dti.gov.uk/employment/employment-agencies/vulnerable-agency-workers-consultation