United Kingdom -Less rights for agency workers with indefinite assignments -January 10, 2014

The Employment Appeal Tribunal has judged that the Agency Workers Regulations 2010 (AWR) do not apply to agency workers placed with a hirer indefinitely. Workers employed by Ideal Cleaning Services Ltd but placed to work as agency workers at the premises and under the supervision of Celanese Acetate Ltd had been placed with Celanese for between 6 and 25 years when their contracts were terminated in 2012. The workers brought claims that they were agency workers under the AWR and entitled to protection as such. The tribunal dismissed their claims on the basis that the work they had carried out for Celanese had not been temporary in nature and did not therefore fall within the AWR-scope. The question is whether this decision will lead to temporary work agencies (and user undertakings) using indefinite assignments as a means of preventing agency workers from falling within the scope of the Agency Workers Regulations.

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For more information, please contact the editor Jan Cremers, Amsterdam Institute for Advanced Labour Studies (AIAS) cbn-aias@uva.nl or the communications officer at the ETUI, Mariya Nikolova mnikolova@etui.org. For previous issues of the Collective bargaining newsletter please visit http://www.etui.org/E-Newsletters/Collective-bargaining-newsletter. You may find further information on the ETUI at www.etui.org, and on the AIAS at www.uva-aias.net.


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