Umbrella contractor news: ARC questions legality of directive draft regulations

Posted on 8 March 2010

Posted by Lisa Meadows

The Association of Recruitment Consultancies (ARC) has called the legality of the Agency Workers Directive draft regulations into question.

According to the organisation, the draft contains new aspects that were not raised in the consultation process and should not be introduced via secondary legislation.

ARC claims that since recruitment businesses are excluded from the scope of the directive, they cannot lawfully be made liable for the employment rights to be acquired by agency workers.

Adrian Marlowe, chairman of the organisation, said the argument does not affect the rights of agency workers to equal treatment or enforceability against the actual temporary work agency or the hirer.

"It is unfortunate that so little time has been given to consider these regulations when we have pressed for more time," he stated.

"However we are where we are and everyone can be assured that the ARC will take whatever action is required to clarify this issue as it could have serious consequences for agencies."

The Agency Workers Directive is set to be implemented in the UK in autumn 2011, providing equal employment rights for temps who spend 12 weeks on any placement.

Links:

Association of Recruitment Consultancies

Categories: Tax & Legislation