Overview

The Temporary and Agency Workers (Equal Treatment) Bill aims to ensure that agency workers receive the same basic working and employment conditions as comparable permanent employees (direct workers) of the same company. It also protects agency workers from unfair treatment, including dismissal, for exercising their rights under the bill.

Description

This bill mandates equal treatment for agency workers concerning basic working conditions (pay, hours, holidays, etc.) compared to permanent staff in the same role. It defines "comparable direct workers" as those performing the same or similar work at the same or a similar establishment with a similar level of seniority and skills. If a truly comparable worker doesn't exist, tribunals must consider factors like collective agreements and usual practices when determining fairness.

The bill compels end users (the companies where agency workers are assigned) to inform agency workers of any available permanent positions. It invalidates any contract clauses that prevent agency workers from transitioning to direct employment. Furthermore, the bill safeguards agency workers from unfair dismissal or detriment if they exercise rights granted under the bill, e.g., bringing legal action or reporting a violation.

The bill empowers the Secretary of State to create regulations that outline employment tribunal procedures for enforcing the outlined rights, including joint liability between the agency and end-user for compensation, and allows for the use of alternative dispute resolution mechanisms.

Government Spending

The bill's financial impact on government spending is not explicitly stated in the provided text. The cost will likely arise from the implementation of new regulations, the processing of potential employment tribunal cases, and any resulting compensation payouts. The precise figure is undetermined at this stage.

Groups Affected

• Agency Workers: This bill directly benefits agency workers, granting them equal rights and protection against unfair treatment.
• Employment Businesses/Agencies: These businesses will face increased responsibilities, including ensuring equal treatment of their workers and potential liability for compensation claims.
• End Users (Companies employing agency workers): End users will also bear increased responsibilities regarding equal treatment and potential joint liability for compensation.
• Employment Tribunals: The bill is expected to increase the workload of employment tribunals due to potential increase in cases.

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