Freelancer groups argue over challenge to AWD legislation

The Association of Recruitment Consultancies is claiming that some of the Agency Workers Regulations may have the "opposite effect" to that intended.

They have been advised by leading counsel to launch a Judicial Review to prove that the legality of some regulations is "questionable".

The AWR will implement the European Union Agency Workers Directive and are designed to give agency workers the same protection as permanent employees after a qualifying period of 12 weeks in one job.

The Association said that they are working with various organisations to gather evidence to show that workers could be harmed by the regulations.

However APSCo and the REC both believe that the ARC has little chance of succeeding with its plan.

APSCo believes that a judicial challenge might damage relations between the Department of Business, Innovation and Skills and the recruitment industry which would lead to potential difficulties in the future. They say that good guidance notes and cooperation with the future government are the best ways to proceed.

The external relations director of the REC, Tom Hadley, also believes that maintaining good relations with the BIS is the best way forward.

The REC has been tirelessly working with officials to discuss implementation of the AWD. Their legal team is looking at the priority areas that have been flagged by members and they are hoping that these will be addressed in the official guidance from the Government. They also say that if the Conservatives were to win the election there will more scope for a review of the current interpretations.

Amongst the major areas of concern currently being looked at is the calculation of the 12 week qualifying period and the need to change the relationships with umbrella companies.

The REC is also planning to develop tolls to support their members in the form of presentations, workshops, legal briefings and model contracts.

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