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Will the Agency Workers Directive contain legal loopholes?

Will the Agency Workers Directive contain legal loopholes?

Following the consultation period on the draft Agency Workers Directive (AWD), the Trade Union Congress (TUC) has called on the Government to consider all potential legal loopholes when implementing the new regulations.

According to the TUC, the draft proposals on the AWD do not go far enough in protecting workers’ rights on issues such as pay, holiday and working hours. The TUC further suggests that their is a danger that certain employers will sidestep their responsibilities by rotating agency temps between different employers, or by shifting workers between jobs at the same workplace. This view is shared by several leading contractor accountants.

In a recent poll, the TUC found that thousands of UK agency workers face unfair treatment and abuse in the workplace while certain rouge employers are not providing adequate pay, working hours, and general terms & conditions. According to TUC general secretary Brendan Barber, the AWD must provide proper protection to UK agency workers which is why the final regulations should be well thought out.

Industry bodes have already voiced their concern over the potential use of bogus self-employment vechiles such as limited companies to avoid equal treatment rights. Earlier this month, The Association of Professional Staffing Companies (APSCo) rightly pointed out that the draft regulations currently propose that limited company contractors are excluded if they are working outside of IR35, but included if they are not. APSCo warns that if this issue is not properly addressed, it could have a serious consequence on the future of the interim worker in this country.

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Image: Lots of holes by robpatrick

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