Overview

This bill aims to ensure fair treatment for temporary and agency workers in the UK, giving them the same rights as permanent employees in the same or similar roles. It covers equal pay and working conditions, protection against unfair dismissal, and access to permanent positions.

Description

The bill mandates equal treatment for agency workers compared to their permanent counterparts regarding basic working conditions (hours, pay, holidays, etc.) unless objectively justified. "Comparable direct workers" are defined as those doing similar work at the same or a similar establishment. If no comparable direct worker exists, a tribunal will assess treatment based on various factors including collective agreements and usual practices.

End-users must inform agency workers of available permanent positions, and contract clauses preventing agency workers from becoming permanent staff are void. Unfair dismissal is extended to agency workers dismissed for reasons linked to exercising rights under the bill. The bill also protects agency workers from detriment for actions taken under this Act.

Enforcement will be through employment tribunals, potentially involving a regulatory authority. Joint and several liability for compensation between the agency and the end-user is established for breaches of equal treatment and protection provisions.

Government Spending

The bill's financial impact on government spending is not explicitly stated in the provided text. However, costs are likely to arise from the establishment of any new regulatory authority or processes needed for enforcement, as well as the increased workload for employment tribunals.

Groups Affected

• Agency Workers: This bill directly benefits agency workers by providing them with stronger legal protection against discrimination and unfair treatment, giving them equal rights to permanent staff.
• Employment Agencies: Agencies will face increased responsibilities to ensure compliance with the equal treatment provisions and may face legal action for non-compliance.
• End-Users (Companies using agency workers): End-users will also have increased responsibilities, including informing agency workers about job vacancies. They could face legal action for discriminatory or unfair treatment.
• Employment Tribunals: Employment tribunals will see an increase in cases relating to agency worker rights.

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