Equality for Agency Workers?

For several years the UK Government blocked the Agency Workers Directive in the labyrinthine structures of the EU (much like it does the Working Time Directive to this day). Finally last year a compromise was reached and the Directive is due to come into law soon although business organisations are seeking to delay it until 2011 (the latest date by which the Directive must be implemented).

It was part of a long campaign fought by Labour backbench MPs and trade unions with motions at TUC and Labour Party conference (before such democracy was extinguished) and with Early Day Motions and Private Members Bills in the House of Commons.

In his ministerial foreword to the Government's new consultation on implementing the Directive, Business Minister Pat McFadden describes the agreement that was reached between the CBI and TUC in May 2008 as "a commitment to equal treatment for agency workers" – which will apply after 12 weeks continuous employment.

The risk is that we will see the phenomenon of agency workers discarded after 11 weeks and a new tranche of agency workers hired in their stead. Obstacles to such a practice need to be suggested in response to this consultation.

But "equal" is equal in the Animal Farm sense. After 12 weeks, agency workers will still have no rights to pension entitlement or sick pay. The UK will therefore remain the sick man of Europe on workers’ rights. Many EU countries already have full equal rights for agency workers from six weeks. In fact, because of stronger employment and trade union legislation, there are fewer agency workers elsewhere in Europe and the EU estimates that one-third of all EU agency workers are based in the UK.

As John McDonnell MP said at the time, "this agreement can only be seen as a staging post to the full implementation of Labour leader John Smith's famous commitment to full employment rights for all workers from day one of their employment."

The frustration also boiled over for Unite leader Tony Woodley, "is it fair that British workers, alone in Europe, are so quick and easy to sack?" he asked last month. "It's an absolute disgrace. Labour should hang their heads in shame."

But this Government is light years from ensuring implementation is any sooner or any more favourable to workers, indeed the Minister frames the consultation by stating that "in these challenging economic times it is even more important that in implementing this Directive we avoid unnecessary costs and burdens for business".

One of the exemptions the Government proposes in the consultation is jobseekers engaged in 'welfare-to-work' programmes, otherwise the Directive could undermine the Government's new workfare policies, which could see claimants working for £1.73 per hour just to keep their benefits.

The consultation document can be downloaded from the Department for Business, Enterprise and Regulatory Reform website and the deadline for responses is 31st July 2009.