According to the Association of Professional Staffing Companies, zero-hour reforms shouldn’t apply to agency workers.
The professional staffing industry trade group is asking for an exemption, claiming that the current proposals are “not fit for purpose”.
It warns that guaranteed hours for agency workers are not only undesirable but also impractical, for both employers and recruiters, as well as for the workers themselves.
APSCo is of the opinion that, if these plans are implemented, agency work with fixed terms should be excluded. The company also recommends limiting the applicability based on either task or hourly rates. Alternative, a provision for opting out should be made available to those with “no harm” protections.
Tania Bowers is the global director of public policy at APSCo. She said that “the proposals outlined in zero-hours consultation will have a negative impact on accessing critical temporary resources for highly skilled professions.” This puts at risk vital services, such as those in healthcare, education, and construction, all of which are facing severe staff shortages.
She believes that agency workers’ engagement is unpredictable because they are often called on to fill in unexpected gaps. For example, supply teachers are needed when staff members are sick.
Bowers said: “The proposals are not workable in every situation – and i’d argue there isn’t a solution that fits all.”
There needs to be a recognition that those who are employed in highly-skilled and highly-paid segments of the labour force do not need the same protections that those who are subject to exploitative zero hour contracts. Future plans should take into account the fact that in certain cases, guaranteed hours are not possible due to the nature and complexity of the work.
Bowers, APSCo’s CEO, reminded the Government that the agreements between employment agencies and agency workers are not exploitative contracts with zero hours and should therefore be excluded from the Act.
She emphasized that the Employment Agency Standards and Agency Worker Regulations as well as the Conduct Regulations and Employment Agencies Act clearly distinguish between zero-hours contracts which are exploitative and agency work, and these differences are well-regulated.
It is important that timeframes and definitions, such as “truly temporary”, are discussed before the Act passes. Bowers, who is a professional in the field of law, said that a 12-week contract was too short for the professions where six-month contracts are the norm.
Subscribe to our weekly HR news and guidance
Every Wednesday, receive the Personnel Today Direct newsletter.
