Agency Workers Directive

Our team offers expert assistance on the complicated subject of The Agency Workers Directive.

Q. How will the Agency Workers Directive affect my business?

It has been a long time coming but the BIS has finally published its final guidelines.

Does it provide clarity? Unfortunately not

As anticipated the “devil is in the detail” other than press comments we have yet to see firm guidance given on the way forward and this is very sensible. We believe every situation needs to be considered on its individual merits.

We advised way back in 2010 that everybody needed to get ready.

Q. Have you done your homework?

We believe you will need:

• Copy of existing agency documents
• Copy of supplying agencies Terms and Conditions
• Copy of the agreements given by agencies to the workers
• Proof of due diligence in terms of having checked out your current supplier within the last 12 months

With this in hand you might be able to ascertain where you stand but the documentation can be difficult to understand as the recruitment industry isn’t famed for plain English.

As a Hirer your principle concerns will be how does the legislation affect my business and what do I need to do to make sure? Here are the main questions.

1. Is my business is compliant?
2. Is my agency is treating its workers fairly and legally? Not always the same thing.
3. Is my documentation bullet proof from third party inspection? This could be a client such as a supermarket or retailer, through to HMRC inspections or technical compliance issues with bodies such as the GLA.

For the largest hirers this can be done in house but some may choose to outsource the review together with the majority of SME’s many of whom do not appreciate the inherent risks of getting compliance issues wrong or the ever increasing paperwork that business owners are expected to be experts in.

As you can see the Agency Workers Directive is a complex.

Here is our offer.

1. An AWD compliance check list for all those completing the enquiry form here (See earlier emails for details)
2. A free review when you furnish the required documents
3. Access to our experts once a dialogue has been established
4. Existing clients or those that have committed to using our services will receive a Swedish Derogation check list and full support in structuring future operations to ensure compliance

Doing nothing is not an option if you want to avoid legal proceedings, probable fines and possible property confiscation and imprisonment.