A draft EU report due out imminently confirms a commitment to examine more closely the use by some member states of pay between assignment contracts. Martin Warren, head of employment law at Eversheds, has commented.
Warren said: ‘In September 2013, the TUC formally lodged a complaint with the European Commission, alleging that the UK has failed to properly implement the Agency Worker Directive by allowing pay between assignment contracts and, moreover, by failing to implement sufficient protections against abuse.
‘It had been thought by many that the EU review report, which is the culmination of research across all member states, would similarly find fault with UK implementation. However, the draft report fails to reach any conclusions over the use of these contacts. Instead, it proposes more thorough review in due course, acknowledging that it is largely a matter of interpretation.
‘What will be more encouraging for agencies who rely on these contracts is that the EU has expressed satisfaction over the way in which our agency worker regulations protect against abuse.’