Pictured: Sally Morris
It would be 'reckless' for the region's businesses to be
unprepared for major changes in the way they use agency staff, a
Midland employment lawyer has warned.
With new regulations covering the rights of agency workers
coming into force on 1st October, Sally Morris, who heads up the
employment team at law firm MFG Solicitors, has warned the region's
business community to prepare themselves or face an 'explosive'
raft of consequences.
In a strong message to the region's firms, Ms Morris said that
businesses failing to give agency staff the same terms and
conditions as their employees after the 1st October could be
heavily fined under the government's new anti-avoidance measures
whilst some could even be forced to compensate agency workers.
She said: "It is only weeks until the new agency workers
regulations are implemented so it would be reckless for firms not
to begin their final preparations. The region's manufacturing and
service sectors rely mostly on short term agency support, so for
them, it is imperative they understand the details and review their
strategies on just when agency staff are required.
"The establishment of the new law is a milestone for lobbyists
who have fiercely campaigned for equal rights. They give agency
staff, who have completed 12 weeks in their role, rights to
identical employment conditions such as annual leave and overtime.
The rules are complex and rely heavily on the continuity of the
worker's role which can be affected by long-term sickness,
unplanned breaks or even a small alteration in the job
specification. It is a closely-governed law that will change the
landscape of rights available to agency workers and could see many
firms being penalised.
"Those are only a few of the thorny areas so for many firms and
their HR teams, the solution is to take a pro-active stance,
familiarise themselves with the regulations and if necessary, seek
advice to steer them through what could be an explosive employment
minefield."
Ms Morris's comments follow recent figures released by
recruitment company Randstad which showed that 37% of British firms
were completely unfamiliar with the new laws.
After the qualifying period of 12 weeks, agency workers are
entitled to equal treatment as if they had been hired directly by
the employer in respect of:
• Annual leave
• Pay, overtime and bonuses
• Rest periods
• Working hours
• Pregnant workers will now be allowed to take paid time
off for antenatal appointments
Guidance notes on the new regulations, launched by Employment
Relations Minister Ed Davey, are available from the Department for
Innovation, Business and Skills website via www.bis.gov.uk.