CIPP response to Agency Workers consultation

08 May 2018

The government’s response to the Taylor Review of Modern Working Practices included a consultation on Agency Workers recommendations. 

Thank you to those members who took the time to respond to our survey on this consultation which we ran from 6 to 27 April 2018.

The recommendations made by the Taylor Review include:

  • The government should amend the legislation to improve the transparency of information which must be provided to work seekers both in terms of rates of pay and those responsible for paying them
  • The Director of Labour Market Enforcement should consider whether the remit of the Employment Agency Standards (EAS) ought to be extended to cover policing umbrella companies and other intermediaries in the supply chain
  • The government should repeal the legislation that allows work seekers to opt out of equal pay entitlements (known as the ‘Swedish Derogation’)
  • The government should consider extending the remit of EAS to include compliance with the Agency Worker Regulations 2010 (AWR)

Survey results

84% of respondents were from the private and voluntary sector and 16% from the public sector. All responders came from large-sized organisations of 250 + employees on their payroll.

Key findings from the CIPP survey include:

  • 100% agreed that having a ‘key facts sheet’ would support work seekers in making decisions about work
  • The overall response was that the ‘key facts sheet’ should form part of the joining process, for example when signing the contract. Feedback from the survey is that the information on the sheet should be a clear explanation/instruction on what deductions will be made, to whom and show amounts to be deducted
  • It is inconclusive as to whether an hour would be sufficient time to develop a fact sheet, 50% said yes and the other 50% were unsure
  • 100% confirmed that they had used an umbrella/intermediary company, but it was a 50/50 response for a good and bad experience
  • The problems for an agency worker using an umbrella or intermediary company were the lack of clarity on employment issues, lack of transparency and ownership when problems arise
  • When asked about extending the remit of the Employment Agency Standards (EAS) there was 100% agreement that there needs to be someone in control of legislation and for a point of contact as this would be fairer for all
  • It was agreed that some or most of the legislation around enforcement of the Agency Worker Regulations 2010 should come under the remit of the Employment Agency standards inspectorate

Our full response to the consultation is available on our website in the ‘Policy hub’ which is under the ‘My CIPP’ tab.