Employment Law in Practice

Agency Workers: Law and HR Best Practice

08:30
Registration and Welcome
09:20
Chair’s Welcome
09:30
Keynote address: Stepping stone or dead end: The future of temporary labour in the UK
Kevin Green, Chief Executive, Recruitment and Employment Confederation (REC)
  • Defining the concept of an agency worker and considering current rights in light of recent case law developments.
  • The importance of agency workers in UK businesses
  • How will the current economic climate affect the frequent use of temporary labour?
  • Equal rights for agency staff?
10:00
Reviewing the Agency Workers Directive (AWD): Understanding the directive and its implications for your business
Angus Menzies, Senior Associate in Employment and Pensions, McGrigors
  • Legislative and political developments – what will the situation be by 2010?
  • Implications of the Agency Workers Directive – benefits and drawbacks from agency to end user
  • What issues, regarding the Agency Workers Directive still need resolving?
  • What terms and conditions will be covered?
  • How will a comparator be defined?
  • How will the 12-week qualifying period be calculated?
  • The Working Time Directive – why has the UK chosen to opt-out?
  • Withdrawal of the Staff hire concession – who will this affect?
  • Umbrella companies and the use of overarching employment contracts
  • What approach should UK businesses adopt when hiring agency workers?
  • Sick pay for agency workers
10:45
Coffee
11:00
The Agency Workers Directive – a permanent end to temps? A trade union perspective
Sarah Veale, Head of Equality and Employment Rights Department, TUC
  • TUC’s view on the agency workers directive and how it will impact on business and HR
  • How will fairer treatment for agency workers in the UK be promoted, without removing critical labour flexibility?
  • Practical guidance on hiring agency staff and avoiding running in to industrial relations difficulties
11:45
Avoiding implied contracts: responding to recent case law and clarifying employment status
Michael Powner, Partner, Charles Russell
  • Overview of the current legal framework surrounding agency workers
  • Employment status - rights and liabilities - where are we now?
  • Tax consequences of using agency workers in your business
  • Recent agency case law and the definition of ‘worker’ and ‘employee’
  • Practical considerations and solutions to minimise liability risks
  • Avoiding an ’implied’ employment contract
12:30
Lunch
13:30
Best Practice HR case study: How does NHS Professionals manage its temporary and interim workforce?
Janet Martin, Associate Director of HR, NHS Professionals
  • How does NHS Professionals deliver the NHS’s temporary staffing needs
  • Satisfying legal requirements
  • Dealing with grievances, dismissal, redundancy, sickness & holiday within a temporary/interim workforce
  • The way forward – how to effectively utilise temporary and interim workers in workforce planning
14:15
HR case study: How does Swindon Borough Council optimise the use of temporary staff?

Jack Markiewicz, Director of HR and Change, Swindon Borough Council

  • How are agency, contract and interim workers engaged at Swindon Borough Council?
  • Effects on permanent staff members - can equal pay be justified?
  • Learning from experience: key considerations when using agency staff
  • Engaging with an agency
14:45
Best Practice Guidance: Exploring the relationship and respective responsibilities of the end user and the supplier
Ann Swain, CEO, Association of Technology Staffing Companies (ATSCo)
  • Triangular relationships of agency staff contracts
  • Getting to grips with complexities and confusion surrounding who is responsible for agency workers
  • Maximising the relationship and making agency work a rewarding experience for all
15:30
Tea
15:45
Panel session: “Expect the best. Prepare for the worst. Capitalise on what comes.” Addressing practical issues surrounding agency workers

Ann Swain, Chief Executive, ATSCo

Michael Powner, Partner, Charles Russell

Angus Menzies, Senior Associate in Employment and Pensions, McGrigors

Janet Martin, Associate Director of HR, NHS Professionals

  • What policies and practices should HR have in place and how should they be enforced?
  • How can companies protect themselves from common agency worker challenges?
  • How to deal with tribunal claims and implement preventative measures
16:30
Chairs closing remarks and close of conference

 

 
 
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Agency Workers: Law and HR Best Practice (406KB)

 

"The Conference exceeded my expectations and there was lots of highly useful information"

— Alison Jago, Personnel Manager,
Land Registry, Agency, Contract and Interim Workers Conference January 2008

“Very useful. Thanks for all the advice. I particularly enjoyed the question forum"

— Alison Edelshein, Senior Manager HR,
LCH Clearnet