Your monthly guide to all the recent changes in the world of Employment Law

Legislation

DTI Guidance - Conduct of Employment Agencies and Employment Businesses Regulations 2003

New regulations have been introduced by the Government which aim to simplify the existing framework governing the private recruitment industry. The draft Conduct of Employment Agencies and Employment Business Regulations 2003 were laid before Parliament in November and are awaiting approval. The idea behind the Regulations is to improve on the existing requirements by creating simpler, clearer rules. The Regulations will come into force on 6 April 2004 and in anticipation of this, the Department of Trade and Industry (DTI) have issued guidance on how the Regulations will be carried out. The Regulations will provide that employment agencies and businesses must specify whether individuals who obtain work through them are employed or self-employed. They will also be required to give written notice of the terms and conditions on which the individuals are employed or engaged.

Bitesize will update you further once the draft Regulations have been approved.

The Regulations can be viewed at http://www.legislation.hmso.gov.uk/si/si2003/20033319.htm

The DTI guidance can be viewed at http://www.dti.gov.uk/er/agency/conduct.pdf

Europe - Consultation on Working Time

At the beginning of this month the European Commission announced its decision to consult on changes to the EC Working Time Directive (No 93/104). The Commission is seeking views on a number of aspects of the Directive, in particular, the right to ‘opt-out’, which allows individuals to waive their right to work a maximum of 48 hours a week.

The Commission identified abuses of the opt-out system, with UK employers being the main offenders, which they said presented “… a real problem and a source of concern for the British labour market” (Anna Diamantopoulou, EU Social Affairs Commissioner). The issue is certain to attract much debate with many workers unions strongly supporting the removal of the opt-out. Employer bodies are, however, optimistic that the opt-out will remain, believing that although the Commission acknowledges that abuse must be addressed, it also recognises that the flexibility of the legislation should be maintained.

The consultation closes on 31 March 2004 and Bitesize will update you when the results are published. If you would be interested in participating in a review of the consultation paper, please e-mail Philip.Harman@cobbetts.co.uk

The consultation paper can be found at: http://europa.eu.int/comm/employment_social/labour_law/docs/workingtime_communication_en.pdf

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