Fix agency workers law or face legal challenge, warns CWU

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by René Lavanchy

Unions could challenge the Government in the European Court of Justice if it does not change the forthcoming law on temporary and agency workers, the Communication Workers Union has warned.

Regulations granting agency workers equal treatment to permanent staff were presented to Parliament last week, and will take effect from next year.

But the CWU is unhappy that they do not grant agency workers maternity leave – which they say violates the purpose of the European directive on which it is based.

Sally Bridge, the union’s lead officer dealing with the regulations, told Tribune: “As far as maternity, paternity or adoption pay goes, we don’t agree with that, that should be in. We don’t believe that the Government is being compliant with the directive.

“The excluded maternity and paternity is not equal treatment. When this becomes law we will have to consider making a challenge in Europe. Many unions are worried about this.”

Ministers finally agreed to introduce laws granting agency workers equal treatment in the summer of 2008 after a long battle with unions and backbench Labour MPs. The regulations will take effect in October 2011 – the latest date permitted by the European directive.

The directive says that workers must be equally paid, but does not define pay. The Government’s regulations say that maternity, paternity and adoption pay do not count. Sick pay is also excluded.

Ms Bridge welcomed the Government’s decision to bring permanent workers on zero-hour contracts within the scope of the rules, following union lobbying. They will now enjoy the same holiday leave or pay in lieu as their permanent colleagues.

The Conservatives have promised to implement the directive in a way that is fair to employers. CWU general secretary Billy Hayes last week said they wanted to “derail” the legislation.