
As a former agency worker and having been thoroughly passed through the intricate web of temporary placements, I indeed have sympathy for agency workers. The mercenary stigma that often drags behind them can be a heavy burden to bear. Taken onboard for a short period, you do the job and leave, perhaps not even being noticed let alone remembered. You live in eternal freefall, safety net removed, security being an unfamiliar word. Yet, you have no ties, no real obligations, perhaps a sense of false freedom bouncing from job to job as you please. Jack of all trades, master of none. For some temporary work through an agency is the more viable, attractive option.
Currently, however, the UK’s 1.4 million temporary workers are systematically being stripped of their workplace rights with the Court of Appeal lashing a landmark ruling and dealing another critical blow in the fight for equal rights for both permanent and temporary staff, fueling further controversy in the debate.
Ruling against a claim for unfair dismissal in which the Greenwich Borough Council replaced a long-standing agency worker, the Court of Appeal effectively diminished the rights of agency workers with one sweeping gesture. The Court handed down the ruling stating the claimant had no official contractual relationship despite working with the council for a period of three years.
Lead judge, Lord Justice Mummery, defended the decision adding that the courts would not enter the heated debate and it was up to parliament to reform employment laws; “the courts are not architects of economic and social policy.”
Ms Merana James’ initial claim to the Employment Appeal Tribunal had been dismissed on the grounds that James previously signed a Temporary Workers Agreement waiving a formal employment contract and therefore had no status as an employee.
Some employment bodies, such as the employment team at national law firm Halliwells, are supporting the ruling commenting that the decision “is good news for agency workers and for companies that use them, as the flexibility of the agency worker means they remain a popular option for businesses requiring temporary staff cover without the rigidity of an employment contract.”
The fear is businesses will shun agency workers in light of proposed legislation reform, due to the ‘no-strings-attached’ benefits and advantages of employing temporary staff being effectively removed.
In contrast, a union backed Private Members Bill, brought by MP Andrew Miller which aims to ensure equal rights for agency workers and permanent staff alike, will be launched ahead of its second reading on Friday, 22 February. It is anticipated that agency workers from all over the country, as well as supporting MPs will be in attendance in the House. Prior attempts to pass the bill has met with stern opposition by senior MPs.
Arguably the bill presents two sides of the coin. If it’s passed temporary workers gain more rights making it a more viable and attractive form of employment. In turn, recruitment consultancies could predict a greater influx of temporary employees, a stronger pool of workers to put forward for vacancies and, thus, possibly a stronger demand from employers requiring high calibre short-term individuals on a short notice basis.
Those against argue that legislation reform threaten temporary workers. While they would potentially gain greater security and rights in the workforce, employers could react negatively and turn away from using agencies because the benefits of having a ‘no-strings-attached’ worker would be diminished. Employers would have to provide the same highly valued long-term rights to every worker that passes through the door, be it for five days or five years. As a result agencies could be impacted negatively and only be considered as a ‘last resort’ option for employers.
With Friday 22 looming ominously close, and as supporting MPs and agency employees rally together in the hope of passing the Bill, the fate of temporary workers in the UK will depend on which side of the coin falls face down and how this reverbs through the industry.