The consultation over the Agency Workers Directive (AWD) will “decide whether we keep our flexible labour force”, according to the trade body the Confederation of British Industry (CBI).

Speaking at a Recruitment Employment Confederation’s (REC) Summit, John Cridland, deputy director general of the CBI, admitted to representing the organisation during the European negotiations to spur the legislation through, adding: “If you want to throw rotten tomatoes, now’s your chance.”

Attendees at the Agency Summit met to discuss how best to lobby the government over the consultation for the AWD, which gives equal rights to temporary workers after 12 weeks.

The most prominent issue was who to compare a temporary worker to when calculating equal rights, with 33% of the recruiters feeling it was the most damaging element of the legislation.

The possibility of basing the comparison on an employee in the organisation was questioned during table discussions. Kim-Marie Freeston, owner of healthcare recruiter Lifeline Personnel, said providing temporary workers to cover maternity leave demonstrates the concerns: “Why would you want to pay the same as someone who has seniority and experience in the role?” she said.

A resounding 90% of the audience felt that the comparator should be made at “point of recruitment”, meaning the temporary worker would receive the benefits and pay an employer would give a new member of staff.

Consultation between the Department for Business and Regulatory Reform, and recruitment agencies, trade bodies and employers will continue over the next few months.