Agency Worker Regulations could be in force by 2010
In his speech to the TUC Congress this week, the trade unions greeted the Prime Minister's promise that the long-awaited Agency Worker Regulations will hit the Statute books at the earliest opportunity.
His somewhat cryptic message has lead some to interpret this as meaning Regulations could be in force as soon as April 2010. Mark Hammerton, partner at international law Firm Eversheds comments on the likelihood of this.
"The PM stops short of saying that the legislation will be fast- tracked. I think most interested parties would say that "fast track" means that employers must actually comply with the new laws from April 2010. A more likely scenario is Parliament putting the Regulations on the "statute book" before the next election with a scheduled implementation date of 1 October 2010. That would leave implementation to the next Government and, if that is not a Labour Government under Gordon Brown, could even mean an amendment to this legislation were that to be considered a sufficient priority at what is likely to be a time of substantial change.
"Realistically, the earliest that any legislation would be finalised would be December 2009/January 2010 and an April 2010 date would give employers little time to prepare for legislation which would have a significant impact on resource & budget planning."
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