In its response to the government’s consultation on the implementation of this Directive, EEF argues that employers need the maximum period before legislation is introduced to understand their new legal responsibilities and the practical implications of this legislation. Earlier implementation when the economy may be starting to recover could result in employers deciding to delay using agency workers to start expanding their workforce. This could then slow down the pace of the recovery and, in particular, any reduction in unemployment.
Commenting, EEF Head of Employment Policy, David Yeandle, said:
“Agency working provides real benefits for employers, many individuals and the economy. Legislation on this must be implemented in a way that retains this key part of our flexible labour market by minimising the costs and administrative burdens placed on employers.
In addition, EEF believes the following are key to implementing this legislation successfully in the UK:
- There must be an actual, and not a hypothetical, comparator for equal treatment.
- All bonus schemes should be excluded for the purpose of equal treatment and the definition of pay should be limited to basic pay.
- Agency workers should only be entitled to the minimum statutory holiday entitlement. They should not be able to claim comparability with any enhanced holiday entitlement that employers give their employees.
· Equal treatment should only apply after 12 weeks