Agency workers “scared to speak up” says ACAS

The paper Three sides to every story: the impact of the Agency Worker Regulations looked at recent research around agency workers as well as employers and employees that called the ACAS helpline about agency work.

ACAS Chair, Sir Brendan Barber, said: “Our analysis reveals that agency workers can feel a sense of insecurity and fear around their contracts, similar to those raised by calls to our helpline on zero hours contracts.

“We found examples of agency workers who were afraid of questioning their employment rights or completely unaware that they were entitled to some basic rights.

“Some workers also complained that they were asked to take on tasks that they were not qualified to handle and employers wanting to ignore the law so that they could sack people immediately.”

ACAS’ analysis revealed that agency workers were often:

• Unaware of their rights particularly around holiday pay, notice periods and the 12 week qualifying period when an agency worker doing the same work is entitled to have the same basic terms and conditions of employment as if they had been employed directly by the hirer.

• Afraid of asserting their statutory rights due to believing that there’s an imbalance of power in the employment relationship.

Barber added: “What has always made this employment relationship so complex is its triangular nature – with a need to balance the needs of workers, hirers and agencies.”

John O’Reilly, operations director at Flex Recruitment Plus adds: “Workers should be issued with a full set of terms and conditions and these rights and conditions should be explained to them at the time of registration or interview. It is critical that important aspects of their contract of employment, holiday entitlements, notice periods and disciplinary procedures are clearly outlined. Any reputable employer or agency will explain to people exactly what their statutory rights are and if they have anything in excess of statutory rights, they will inform them of those benefits as well.”

A key issue in working with materials handling equipment is the appropriate use of agency workers, with workers taking on (sometimes dangerous) tasks without adequate skills, experience and training.

O’Reilly continues: “ACAS research also indicates that agency workers are afraid of raising concerns and there are examples cited of workers reporting that they are coerced into working without adequate training.

“Any professional agency or good employer should undertake a detailed assessment of a worker’s role. They should then go through that role with the individual so that the individual knows exactly what their role is and what their responsibilities are. Importantly, proper training for the task must be given.

“Then there should be a mechanism for feedback, so that if the individual is asked to do something that they believe is beyond their role or skill-set they are able to report it. In the first instance, any such issue should be fed back to the agency, and the agency should take it up with the client. If it becomes evident that the individual should be performing the task, then the agency must ensure the correct training is in place for the worker.

“Retaining a flexible and agile workforce is critical to the economic performance of UK plc. But such flexible arrangements are dependent upon clear contracts, defined processes and procedures, and absolute commitment to open communication between agency and worker. Only then will temporary staff know where they stand on their rights and have the confidence to air concerns.”

Examples of calls to the ACAS helpline around agency work included:

• An agency worker who worked for social services and reported that she was coerced into working with vulnerable adults even though she had not received training in safeguarding and direct payments.

• A hirer that had employed an agency worker for two years but claimed that the conduct and performance of that worker had deteriorated. The hirer wanted to terminate the assignment immediately rather than follow standard good practice around performance appraisals or disciplinary procedures.

• Several workers that had not been paid for their work and not knowing who to chase for their payment.