UNISON is backing the TUC this week in a formal complaint to the EU Commission that the UK is mistreating agency workers. The TUC has gathered evidence from workplaces where agency staff are paid up to £135 a week less than permanent staff.
The formal complaint regards a failing to implement the EU Temporary Agency Workers Directive correctly, which UNISON believes has led to tens of thousands of agency workers being paid less than permanent staff. The main loophole to avoid the fair pay provisions of the directive is known as the ‘Swedish derogation’ or ‘Pay Between Assignment’ contracts.
Under the UK’s regulations which came in to force in 2011, agency workers are entitled to the same pay and conditions as permanent staff doing the same job after 12 weeks. However, a Swedish derogation contract exempts the agency from having to pay the worker the same rate of pay, as long as the agency directly employs individuals and guarantees to pay them for at least four weeks during the times they can’t find them work.
Jane Carolan, chair of the UNISON NEC policy committee and TUC executive member, said “UNISON campaigned long and hard for agency worker rights across the UK and Europe. The fair treatment regulations were designed to prevent abuse of vulnerable workers but have been left full of holes for employers and agencies to exploit. We need the EU Commission to urgently investigate the UK Governments full implementation so agency workers don’t miss out on fair pay and rights.”
The agency worker regulations also give unions the right to information on agency worker numbers for bargaining and UNISON was the first union to win Tribunal cases where employers failed to provide this information for TUPE and collective redundancy consultations.
UNISON agency workers’ factsheet [PDF]
