Pictured: Lita Kirwan
Two Lichfield employment experts are warning businesses to be
aware of changes to the law which will give temporary workers very
similar rights as permanent employees after 12 weeks' work.
The legislation, which comes into effect from 1st October,
affects not just the pay temporary employees should receive, but
their entire employment package - which could make a substantial
difference to the overall cost of using temps.
Lita Kirwan, employment law consultant at Bradin Trubshaw &
Kirwan, said: "For employers who hire staff directly, these new
regulations will not affect them but those using agency workers
should take the opportunity to review their contracts and the terms
of business.
"Employers could inadvertently find themselves with
responsibility for contractual holiday pay, overtime, shift
allowance or extra payments for difficult or dangerous work and
performance related bonuses. Failure to comply with the new
legislation could leave firms open to employment claims from
temporary workers, which could be costly. It's far easier to get
things in shape now."
The regulations do have some limitations regarding notice pay,
redundancy pay, expenses, company car allowances, sick pay schemes,
occupational pension schemes, share ownership, health insurance,
"death in service" cover and similar benefits are still at the
employers own discretion. However, the 'Basic working and
employment conditions' prescribed by the Act are a welcome step
forward for agency workers.
Charlotte Bell, director of Lichfield recruitment consultancy
Bell Cornwall Recruitment, commented: "The new regulations are a
necessary step in achieving a fair working environment across the
board, conditions for agency staff have been improving year on year
and finally we have reached a sensible level of equality.
"While agency workers still fall short of a few working
benefits, the most essential bases are covered by these
regulations, giving agency workers the recognition and rights they
deserve."