Pictured: Mike Wakeling
A host of test cases are likely to follow the final
implementation of the Agency Workers Directive on October 1, an
expert has warned.
Mike Wakeling, head of the dispute resolution department at
Lodders Solicitors in Stratford-upon-Avon and part of the firm's
employment team, warned employers to tread warily.
The Agency Worker Regulations 2010 will allow agency workers to
have the same rights to pay, benefits, rest periods and holidays as
someone recruited directly by the hirer.
Mr Wakeling said: "There is no doubt that the level of
compliance and administration will significantly increase costs for
clients and recruiters, which will ultimately be shared with
contractors.
"This is sure to increase the frustrations of employers but they
must not let those frustrations get the better of them and hope the
whole thing goes away.
"This legislation has come at a bad time given the state of the
economy and continued complaints of business that, despite
promises, the Coalition Government is failing to turn the tide of
regulation and red tape.
"There is probably never a good time for it! Hopes that the
politicians might be able to water it down have not come to
pass.
"It is here to stay and companies are required to comply with
it. Clearly it will take some bedding in and some will fall foul of
its constraints. That will lead to test cases and we shall have to
see how these are interpreted by tribunals.
"But companies would be wise not to get into those sorts of
situations if at all possible because it will prove extremely
costly. I would urge them to take advice and seek to make the best
of this latest legislation however much it may irk them."
There is a 12 week qualifying period so genuine short term
agency temps are not marginalised.
For more information about Lodders, please visit their website
here: www.lodders.co.uk