Archived News

UK laws on temporary workers are "far from satisfactory"

29 March 2007

The employment rights of temporary workers have, in recent months, again come under scrutiny with calls that legislation be enacted to protect such workers. Whilst the government does appear to be applying itself to this issue (see below) will the measures being considered suffice?

The Judiciary

In James v Greenwich County Council (UKEAT/0006/06/ZT) the Employment Appeal Tribunal (EAT) heard an appeal by Ms James against her employer Greenwich County Council. Ms James had worked for the Council for some five years and, she said, was treated as a permanent employee. Ms James asked the EAT to find that an implied contract had sprung into existence. In finding that no contract existed between Ms James and the Council and that, therefore, Ms James was not an 'employee' the Honourable Mr Justice Elias noted that:

"The common law can only tinker with the problem on the margins ... a careful analysis of both the problems and the solutions, with legislative protection where necessary, is urgently required."

In his ruling in A J Craigie v London Borough of Haringey (UKEAT/0556/06/JOJ) Mr Justice Bean, whilst also finding that the claimant was not an 'employee', commented that:

"The state of the law regarding the status of long-term agency workers is, in my view, far from satisfactory, but it will need legislation to change it."

The views of Mr Justice Bean and the Honourable Mr Justice Elias are timely and reflect the concerns of many. At the time of writing the government is consulting on the rights of “vulnerable workers” and a private members bill - the Temporary Agency Workers (Prevention of Less Favourable Treatment) Bill (the "Temporary Workers Bill") – has recently had its second reading.

DTI Consultation

On 21 February 2007 - and following on from its strategy paper published in March 2006 Success at work protecting vulnerable workers, supporting good employers - the DTI published a Consultation on measures to protect vulnerable agency workers. Success at work stated the government's ambition "to lift people out of dependence and liberate the talent and capability of everyone".

Although committing to "tackle abuse when it happens" the government has rejected proposals that all workers with at least one year’s service be entitled to unfair dismissal and maternity leave rights. It has, however, proposed a number of measures to protect "vulnerable workers" particularly those in low-paid sectors and from overseas.

Temporary Workers Bill

The Temporary Workers Bill was introduced in December 2006 following the collapse of the proposed Temporary Workers Directive (the “Directive”). The Directive was strongly opposed by the UK business lobby (which argued that implementation of the Directive would damage the economy). It therefore seems likely that the Temporary Workers Bill will be similarly opposed. The Temporary Workers Bill has received the backing of the TUC and, if enacted, would afford temporary and agency workers far greater protection than is presently available.

Should you require further information or assistance on this or any other employment related matter please contact Nina Gurney on 01753 734 827 or ngurney@hclaw.co.uk