Agency Workers Directive

Light_Box · 01-07-2009, 02:48 PM

Hi all,

I'm sure you are familiar with the Agency Workers Directive. If you are not, it's probably wise you do a bit of reading as I seriously think this could have a huge impact on high-end temporary recruitment in the UK (i.e what I would define as freelancers, contractors or interim managers). Based on your previous feedback, I thought I'd ask a simple question....

Bel · 01-07-2009, 03:03 PM

I've been invited to the AWD consultation on the 13th, in London. So I'll be writing a report on what happens and which direction the wind seems to be blowing.

Azeey · 01-07-2009, 03:14 PM

Is that the one that's going to make me sound like some office temp?

Bel · 01-07-2009, 03:19 PM

Quote:

Originally Posted by Azeey

Is that the one that's going to make me sound like some office temp?

It is.

Biff · 01-07-2009, 03:25 PM

How would that affect someone like me going through an umbrella company?

Bel · 01-07-2009, 05:39 PM

Quote:

Originally Posted by Biff

How would that affect someone like me going through an umbrella company?

As far as I know, these details haven't been decided yet. It would be a bit odd if brollie users were included. Not because they're in business (they're not), but because they already get a certain number of employment rights and benefits from the brollie factored into their gross fee. Same with owner managers, for that matter, who are in business.

The SMG · 02-07-2009, 08:31 AM

It'll be very interesting to see what the final version of the legislation looks like. In its current form, anyone getting paid over (say) £10 should be worried. Employers won't be interested in using interims if they end up being treated as employees after a short period of time. The Government have got to do something....now.

G

freelancerclive · 02-07-2009, 11:49 AM

Quote:

Originally Posted by Bel

As far as I know, these details haven't been decided yet. It would be a bit odd if brollie users were included. Not because they're in business (they're not), but because they already get a certain number of employment rights and benefits from the brollie factored into their gross fee. Same with owner managers, for that matter, who are in business.

Exactly, despite what others think it's a good reason for going through an umbrella if you're IR35 caught. Maternity pay, patnerity pay, sick pay etc.

Malvolio · 02-07-2009, 12:11 PM

The latest consultation has been published and can be seen here. (and no, Bel, this is not a PCG site...)

The key point is that employee rights are conferred after 12 weeks. PCG believe freelancers with their own companies are fully out of scope, but umbrella workers currently are not. That may be a problem...