The UK’s continuing adherence to the Agency Workers Regulations (AWR) could be in question were Prime Minister David Cameron to make it part of the government’s renegotiation with the EU, according to a lawyer specialising in the recruitment sector. 

Following comments earlier this week by PM Cameron that “some of the issues under what was called the social chapter have never been acceptable to the UK”, Kevin Barrow, a partner in the advisory group at law firm Osborne Clarke, told Recruiter that under certain circumstances Cameron might decide “I am not going to continue with the AWR”.

AWR, originally an EU directive, was introduced in October 2011, giving agency workers the same rights as full-time workers to pay, holiday leave and other benefits after 12 weeks in employment. Renegotiating the terms of the UK’s relationship with the EU, followed by an in-out referendum, is one of the main planks of the new Conservative government’s programme.

Barrow explained that the deal the UK made in signing up to the AWR was “that if we regulated, the rest of Europe would deregulate”. However, “this has never really happened”, he said

By way of example, he explained that whereas in the UK there could be any number of staffing companies between the worker and the hirer, “in Germany and in most countries across Europe it is unlawful for there to be more than one staffing company between the hirer and the worker”.

This means that UK staffing companies can’t simply roll out one supply model across the EU, leading to inefficiency and extra cost, he said. “I don’t think, he [Cameron] will make it his flagship issue, but he could say ‘unless the rest of Europe deregulates, I am not going to continue with the AWR’.”

A Number 10 press officer told Recruiter: “At this early stage, we are not setting out the specific things we would be looking for in a renegotiation.” 

Earlier this week, the TUC (Trades Union Congress) called on the prime minister to spell out his plans for EU renegotiation. TUC general secretary Frances O’Grady says: “UK membership of the EU has delivered legal rights to paid holidays, rest breaks, health & safety, maternity rights and fair treatment for part-time and agency workers. His criticism today of the Social Chapter should send a chill down the spine of people at work.”

Barrow added that most of the UK’s employment rights legislation had been domestically generated rather than coming from Europe, citing Equality and Minimum Wage legislation making AWR was one of few remaining such areas that could be part of the renegotiation.

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