19.12.2024

Zero-hours reforms need to exclude agency workers

Responding to the consultation on zero-hour reforms, the Association of Professional Staffing Companies (APSCo) has called for agency workers to be excluded, describing current proposals as ‘not fit for purpose’ in the modern world of work.

In its recommendations APSCo has warned that guaranteed hours for agency workers are impractical and unwanted by recruiters, end hirers and workers themselves, warning that the need to offer guaranteed hours is unworkable.

The trade body for the professional staffing sector has suggested that if the Government moves ahead with its plans, it should exclude fixed-term agency work, limit applicability either by hourly rate or by task/role, or provide a worker opt-out with appropriate “no detriment” protections.

Tania Bowers, Global Public Policy Director at APSCo comments: “The proposals outlined in the zero hours consultation aren’t deliverable and will have a detrimental impact on access to critical temporary resources in highly skilled professions. This jeopardises crucial services in the likes of healthcare, education, construction and other sectors that are already facing significant staff shortages. Hirers use agency workers to fill unexpected gaps in resources, such as staff sickness, which means that the very nature of how these workers are engaged is unpredictable and needs to be. An education supply staffing business, for example, can’t predict what resources will be needed on a Monday morning, so how are they meant to offer guaranteed hours to supply teachers? The proposals simply aren’t workable for every scenario – and I’d argue that there isn’t a one-size-fits-all solution to this issue.

“There needs to be the recognition that temporary workers in the highly skilled and highly paid segment of the labour market don’t need the same protections as those that are exposed to exploitative zero-hour contracts. Any future plans must account for the fact that guaranteed hours can’t, and in some cases shouldn’t, be offered due to the nature of the work.

“We have reminded the Government that agreements between agency workers and employment businesses are not exploitative zero hours contracts and shouldn’t be brought in to the Act as a result. There is a clear difference between exploitative zero hours contracts and agency work that is well-regulated through Employment Agency Standards, Agency Worker Regulations, the Conduct Regulations and the Employment Agencies Act.

“It is also fundamental that definitions such as 'genuinely temporary' are consulted on before the Act is passed along with the timeframes proposed. A 12-week contract period is far too short within the context of professional sectors where 6-month agreements are the norm.”

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