Ucatt: 'bias in temp proposals'

Construction union Ucatt is accusing the Government of yielding to corporate pressures while drafting new rules governing the conduct of employment agencies and the rights of workers on their books.

The new rules will make it clear that, under normal circumstances, temps supplied by employment agencies have their contractual relationship with the agency supplying them rather than the host.

A spokesman for Ucatt said: "The Government has quite obviously been leant on by the major employers and, as far as construction is concerned. It makes no sense."

Ucatt believes that employers want to avoid costs by ensuring that responsibility for the rights of temporary employees lies with the agency.

The proposed regulations would contrast with the findings of a tribunal hearing earlier this month, in which site engineer and Ucatt safety representative, Dave Smith, argued that Costain was responsible for his employment following his sacking. Smith had been working for Costain through employment agency Chanton and during an unfair dismissal hearing the magistrates found Costain directly responsible for his employment rights.

The new proposals will be outlined in a consultation document on employment agencies and business to be published later this year.

Peter Mandelson, Secretary of State for Trade and Industry, said: "Bureaux have responsibilities to both hirers and workers.

"It must be quite clear who is responsible for the application of employment rights whatever form of contractual agreement has been set up by the bureau involved."

Ucatt stressed the importance of formalising employment rights according to the Working Rule Agreement. The spokesman said: "Many subcontractors are trying to persuade workers to opt-out of the agreement, which a lot of workers will do.

"It is important for these workers to know that they can opt back in at a week's notice, because a large number of the major subcontractors are trying to insert illegal clauses into contracts which force workers into giving three months' notice before they can return to the Working Rule Agreement - we are investigating these at the moment.

"Workers are also unaware, that if they opt to work 60 hours per week, then they are entitled 60 hours of holiday pay not 39, as many companies are trying to do."

l See Analysis, page18/19.