LTB 833/11 Agency Workers Regulations

[TrueBlueTerrier]

05 October 2011
LTB 833/11 Agency Workers Regulations




No. 833/11
Ref: GS4.5
Date: 4th October 2011






To: All Branches







Dear Colleague,



AGENCY WORKERS REGULATIONS



The long-awaited implementation of the new Agency Workers Regulations came into force on Saturday 1st October 2011.



For almost six years the CWU has been at the forefront of the campaign to address the unfairness of a 'two tier workforce' stemming from a resourcing model in which companies often supplement their directly employed workforce with agency workers on massively inferior terms and conditions. Despite their 'temporary' status, many of these agency employees are continuously employed for years on end - often working immediately alongside the hirer's directly contracted employees and doing exactly the same work, but on significantly lower pay, less holiday entitlement and 'statutory minimum' terms.



Saturday's implementation of the Agency Workers Regulations - legislation which stems from the EU's Temporary Agency Workers Directive that was finally enacted in 2009 after years of foot-dragging by the UK - goes some way to address this inequality. The General Secretary was involved in the final negotiations on the Directive with government – and of course Sally Bridge CWU national officer made a huge contribution to the successful outcome as part of the TUC team.



All the more disappointing therefore to see the recent reports that several weeks ago the present Government had taken legal advice, seeking ways to avoid the implementation of the regulations on 1st October 2011. Notwithstanding this, we know that there are many major companies who are also looking at ways to get around the legislation.



The implementation of the regulations has been a long time coming, and after years of campaigning by the CWU and other unions, hundreds of thousands of agency workers across the UK can look forward to some basic employment fairness. After 12 weeks in a given job agency workers will now be entitled to equal treatment as of right. For many, this will mean a substantial pay rise and equalised terms and conditions as early as 24th December.



At the Labour Party Conference held in Liverpool last week the General Secretary, on behalf of the CWU moved a composite motion ensuring that an incoming Labour Government would implement the regulations in full – guaranteeing that any loop holes and weak guidance which encourage employers to avoid equal treatment, are removed. Furthermore, anti-avoidance measures would be strengthened to prevent misuse of employment status and of the 12 week qualifying period to avoid equal treatment.




Although the Regulations were agreed between the CBI, the TUC and the last Labour Government, the ConDem Government clearly sees these vital protections for agency workers as a threat to profits made by their friends in the City. Speculation has been rife that new loopholes are being sought to avoid workers qualifying for equal treatment - and, if they emerge, these threats need to be challenged every inch of the way.



The CWU is keeping a close watch on how the Regulations are actually applied by agencies and hirers to ensure vulnerable agency workers actually receive their new employment rights.



Please see all LTB’s relating to the Agency Regulations: http://www.cwu.org/agency-regulations.html" onclick="window.open(this.href);return false;.





Yours sincerely,




BILLY HAYES
GENERAL SECRETARY

[daveyeff]

the 12 week rule will be totally abused!! for whatever reason people will be ousted after 11 weeks, and thus back to paltry wages for another 11 weeks, and so on and so forth.

[kietr]

they really aren't keeping that close an eye on it seeing as they have let royal mail move all temps over to angard, the "in-house" agency that now completely gets RM out of the legislation!

I've been a RM "temp" for over 5 years, hanging on for the last 18 months or so on minimum wage knowing that this "law" was due to come in on October 1st and thinking that even if i dont get taken on and get that elusive RM contract at least i would get a 50% pay rise, three weeks ago we were moved to Angard from Reed, I have just received my contract today, its a zero hour one, no mention of any hourly rate or salary with a rather nice clause thrown in for good measure


.3 Termination of Employment
.3.1 Your employment under this statement shall commence on the Commencement Date and shall continue, until it automatically terminates without the need for notice after 50 weeks’ employment unless previously terminated

I've just applied for 5 jobs and cancelled my CWU subs...Thanks for nothing RM and CWU

[daveyeff]

they really aren't keeping that close an eye on it seeing as they have let royal mail move all temps over to angard, the "in-house" agency that now completely gets RM out of the legislation!

I've been a RM admin "temp" for over 5 years, hanging on for the last 18 months or so on minimum wage knowing that this "law" was due to come in on October 1st and thinking that even if i dont get taken on and get that elusive RM contract at least i would get a 50% pay rise, three weeks ago we were moved to Angard from Reed, I have just received my contract today, its a zero hour one, no mention of any hourly rate or salary with a rather nice clause thrown in for good measure


.3 Termination of Employment
.3.1 Your employment under this statement shall commence on the Commencement Date and shall continue, until it automatically terminates without the need for notice after 50 weeks’ employment unless previously terminated

I've just applied for 5 jobs and cancelled my CWU subs...Thanks for nothing RM and CWU

you want to send that into the papers, and send a copy to tuc hq, hayesy etc. fekn barstools

[forestbodd]

well let manpower do the job and lets have some V R next manpower workers will want to be in any resigns we have.billy and dave listen to the people that pay your wages

[mikebl]

I dont know thats being said about the agency regs in the rest of royal mail group but in parcelforce its like getting blood from a stone trying to get anyone from the cwu to the management to even discuss it. There are masses of agency and casual workers at the hubs all a drift all concerned about their future "will they be entitled to the rights the directive was supposed to deliver" or will they get screwed over. Interesting that the cwu view here is "if their not part of the union I dont give a f**k" needless to say recruiting them to a union with this attitude is not easy. Is this the new way for businesses and unions in this country to get us out off the mess we are in by screwing over the poor paid and vulnerable, depressing doesnt quite cover it.

[TrueBlueTerrier]

is this the new way for businesses and unions in this country to get us out off the mess we are in by screwing over the poor paid and vulnerable, depressing doesnt quite cover it.

Yes.

Many commentators on this subject have noted that the start date of this new system is about 12 weeks before Christmas and expect a lot of Agency Workers to be "let go" from their jobs in the festive season, and then restarted again after Christmas on the same pay rates (or worse) to avoid the rights that allow them to earn the same as permanent employees at the site they are working from.

[forestbodd]

are you lot on drugs there all e u workers taking the jobs what about our own brits who are out of work

[mikebl]

Not all are EU workers a lot are UK citizens not that that is relevant, accepting abuse of any workers paid as little as this is wrong. Im not sure what disturbs me most the blatant indifference of the cwu official locally or the fact that I am now seeing zero hour contracts advertised for local authority jobs. This is most deffinately bad news for the manual workers of this country

[fishtank]

are you lot on drugs there all e u workers taking the jobs what about our own brits who are out of work

Genius.
We'll sit back and let them screw over the Agency staff because the're all "foreigners" and don't really count.
Then we'll bitch about them undercutting our terms and conditions.
Then we'll bitch about our terms and conditions being cut.
Then we'll just bitch.
Life is like a box of chocolates Forest...i think you may be a little soft in the centre.

[mikebl]

Shame you feel so cynical and have such a hang up with "foreigners" who are also just trying to get forward in life on the basic of money, may be a bit soft in the centre but at least I still have a conscience. Think it may be a little difficult to get all these people onside when they push forward with privatisation wonder how much bleating there will be then and how much support in a business where the lowest paid work hardest to earn the bonus for the better paid

[fishtank]

Shame you feel so cynical and have such a hang up with "foreigners" who are also just trying to get forward in life on the basic of money, may be a bit soft in the centre but at least I still have a conscience.

I didn't quote your post mike.
Now......read it again in the proper context.

[mikebl]

My apologies then if I mistook your meaning (new to this process)
but this is a matter I feel strongly about and dividing people at the bottom of our wealth and greed driven society can't do any of us anytime. L