No5 Chambers

Categories:Employment,UK

Agency Worker Regulations — watch this space

By Russell Holland

On 1 October 2013, the Agency Worker Regulations 2010 will be celebrating their second birthday. In terms of case law, the regulations have not, as yet, featured significantly in a reported case. However, matters could change, with the TUC making a complaint against the government for failing to properly implement the regulations.

The TUC is particularly concerned about the ‘Swedish derogation’, complaining that ‘Swedish derogation contracts are just one more example of a new and growing type of employment that offers no job security, poor career progression and often low pay’. The CBI responded to the challenge commenting: ‘While businesses find the directive a nightmare to administer, the final deal carefully balanced the needs of businesses and employees — and the Swedish derogation is a key part.’

The CBI argues that ‘many firms prefer to pay an agency to provide temps using the Swedish derogation rather than face the bureaucracy involved with complying with the directive’…

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