E4 – Agency workers

Emergency motion

Congress notes with concern the report of 5 September 2011 that the government plans to reduce the rights that the Agency Worker Regulations introduced on 1 October this year. Congress, however, believes that the existing regulations already fall short of the legal and moral requirements that the Agency Workers Directive imposes on EU states.

The subsequently issued statements by the Recruitment and Employment Confederation (REC) on 6 and 10 September supported the review of so- called “gold-plated” provisions. The REC has produced a specific briefing document on the ‘Swedish Derogation’ advising agencies how to use this to best advantage.

Congress notes with concern in recent weeks the increasing numbers of employers, including the major supermarkets’ meat supply chain, seeking to avoid the application of equal rights for agency workers by applying ‘the Swedish Derogation’. This will allow employers, in conjunction with agency businesses, to avoid equal pay by directly employing the agency workers on contracts that may offer as little as one hour’s work per week.

Congress therefore instructs the General Council to explore grounds for a legal challenge against the UK government in respect of its failure to properly implement the spirit and the legal requirements of the Agency Workers Directive.

Mover: Unite