EMPLOYMENT LAW                                                

In the following assignment I am going to critically discuss the legal protection given to agency workers in the United Kingdom. It is an ongoing issue as there are currently more than one million temporary agency workers within the UK, resulting in their legal protection having a major impact on the UK work force. Within this study I will begin by analysing any rights agency workers currently have and those proposed for the future, such as national minimum wage, working time regulations and health and safety. Furthermore, I will explore the current laws and directives in place, assessing their success and if any changes should be proposed. Finally, I will compile a conclusion assessing the current legal protection for agency workers, and if it is deemed suitable.

Under the National Minimum Wage Act 1998, permanent employees and agency workers have a right under law to the national minimum wage. As of 1 October 2008 this is £5.73 for adults, £4.77 for younger workers (18-21, and some trainees), and £3.53 for 16-17 year olds. If however the agency worker is getting paid by task as to per hour, there are different regulations in place. As from April 2005, an employer will either have to pay the worker the minimum wage per hour for all hours worked or will have to pay 120% of the minimum wage for the number of hours it takes an average worker to complete an agreed block of work. From this we can see that agency workers do have a form of legal protection regards pay, as there are set rules within the law, depending on the type of work being done - if hourly rate or per block of work.

The Working Times Regulations set out the time requirement for rest breaks, holidays and working hours, and it is the employers responsibility to ensure that the time regulations are met. Unless an agency worker is self employed - running their own business- they are covered under the Working Times Regulations. The employees of the agency should question the worker if they have any other jobs, and ensure that they do not surpass over the weekly average of 48 hours. It is the agencies responsibility to take the correct steps to ensure that the average of forty eight hours work is not exceeded. The effect is that either the agency or the principal to whom the agency has supplied the worker, will be responsible for ensuring compliance with the regulations and/or Act, depending on which of them is responsible for paying the agency worker. If this is not specified the one who pays the worker is made responsible.

The basis of UK health and safety law is the Health and Safety at Work Act 1974.The Act sets out the general duties which employers have towards employees and members of the public, and employees have to themselves and to each other. These duties are qualified in the Act by the principle of ‘so far as is reasonably practicable’.  Meaning that employers must do all that is reasonably possible to prevent any health and safety hazards within their work place. The Health and Safety protection for agency workers is secured by the agency and the employer, it is a divided agreement between the two. This is covered under The Management of The Health & Safety at Work Regulations 1999. This regulation basically makes it more explicit regards what is expected of employers in terms of managing Health and Safety. For example, in a number of workplaces a risk assessment is required in order to determine the risk of employing the employee. Thus, meaning prior to your employment the agency and company you will be working for should agree on things such as health and safety training and who is responsible for this. This shows that all workers are entitled to legal protection to ensure their working environment is safe and free from hazards.

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In the matter of statutory sick pay, from 27 October 2008, agency workers who have a contract or series of contracts for a period of three months or less will have - subject to meeting all the qualifying conditions - the same right to statutory sick pay as other workers. Such agency workers will be able to receive statutory sick pay from day one of their contract or assignment. It will not apply to a period of incapacity to work on or after 27 October 2008, that is linked to a period of incapacity to work before this date ...

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