Temporary Agency Work: Capturing the Tripartite Working Relationship

Deirdre McCann

in Regulating Flexible Work

Published in print March 2008 | ISBN: 9780199218790
Published online January 2009 | e-ISBN: 9780191711787 | DOI:

Series: Oxford Monographs on Labour Law

Temporary Agency Work: Capturing the Tripartite Working Relationship

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This chapter is devoted to temporary agency work. It documents the ongoing efforts by the courts to determine whether temporary agency workers should be recognized as employees, and whether the employment agency or end-user firm should be considered the employer. It argues that the New Labour government has adopted a deregulatory stance towards temporary agency work, by refraining from introducing a right to equal treatment into UK law while opposing proposals to this end at the EU level. It is suggested that this reluctance is related to the centrality to UK labour market policy of the need to encourage the private recruitment industry. The chapter also examines two reforms that have been introduced to regulate temporary agency work: personal scope measures that clarify the coverage of temporary agency workers and allocate responsibilities between agencies and end-users, and the amendments to the measures that regulate employment agencies.

Keywords: employment agency; private recruitment industry; Dacas; Conduct of Employment Agencies and Employment Businesses Regulations 2003

Chapter.  14401 words. 

Subjects: Employment and Labour Law

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