The government has confirmed that it is to delay implementation of the agency workers directive until October 2011.

In a statement business minister Pat McFadden (pictured) says: “Last year the government secured a deal in Europe on the Agency Workers Directive that allows us to base Britain’s rules on the agreement reached in the UK between the CBI and TUC.

“This allows us to implement the directive in this country in a way which gives fair treatment to agency workers and maintains labour market flexibility. It was only possible because the government is engaged in the mainstream of Europe activelyinfluencing proposals coming from Europe, which affect the UK economy and UK workers. Careful and sometimes difficult negotiations were required to get the CBI-TUC agreement reflected in the final EU directive.

“As the Prime Minister has said, the government is committed to getting this legislation on the statute book by the end of this parliament. The law will come into force in the UK in October 2011, giving recruiters and their clients time to prepare and plan. We are also mindful of the need to avoid changing requirements on business until the economic recovery is more firmly established.”

Commenting on the government’s decision to delay implementation, Paul Venables, group finance director at Hays, told Recruiter: “We have worked closely with the REC and CBI to support their efforts to delay its implementation, so welcome today’s decision. In the current economic climate its implementation could have reduced the flexibility of the temporary job market and therefore increased the level of unemployment.”

The BIS statement also outlines details of the consultation on the draft regulations, which sets out detailed proposals for implementation of the directive in the UK. The consultation period will run until 11 December 2009, says BIS.

The statement continues: “For the first time agency workers will be entitled to equal treatment on basic working and employment conditions, including pay and holidays, as if they had been recruited directly by the hirer after 12 weeks in a given job. 

Other benefits that agency workers will gain from the first day of their assignment include:

• information about vacancies in the hirer to give them the same opportunity as other workers to find permanent employment
• equal access to on-site facilities such as child care and transport services
• improved rights to protect the health and safety of new and expectant mothers including right to reasonable time off to attend ante-natal appointments and adjustments to working conditions and working hours.”

See attachment here for the consultation document which sets out the government’s proposed approach to implementation of the draft regulations of the AWD.