Temporary workers regulations

The packaging industry weathered the recession reasonably well and 2011, by common consent, should see a continued recovery. Despite this confidence, employers are still nervous about recruiting and many are turning to the use of temporary workers.

While there is no question that temporary workers remain a valuable means of varying capacity to meet varying demand, the long delayed Agency Workers Regulations, which came into force in October 2010, do mean things are not quite so simple. The regulations provide for temporary workers to qualify for equal treatment regarding terms and conditions to permanent workers after a qualifying period of 12 weeks in the same role, and equal access to amenities, from day one.

Terms covered include working time, holiday entitlement and pay, and amenities cover childcare places and parking spaces, for example. Importantly, the meaning of the same role and short breaks in engagement are covered, so as to prevent artificial avoidance of this qualifying period. Equality is determined against a ‘comparator’, which must be a current employee.

Finally, temporary workers should have the same right to seek permanent employment in the company. They must be notified of any vacancies arising and not prevented from applying and being considered for those vacancies by virtue of their status.

This is only a broad overview so while the implications are potentially wide ranging they need not be too onerous, and with proper systems and documentation the implications can be minimised, leaving temporary workers as a valuable way forward during the recovery.

Please note, this article should not be construed as legal advice and the author does not accept any liability for actions taken based on its contents. Employers should seek professional legal advice on the implications of all employment legislation.

Mercury partners the IOP:The Packaging Society with www.packagingfutures.com and the British Printing Industries Federation with www.jobsinprint.com.