The Association of Recruitment Consultancies (ARC) has reported that it has been invited by the Department of BIS to work with it on drafting promised guidance for the Agency Workers Regulations.
The Department has indicated that it plans to issue guidance as soon as possible on the Regulations that are due to apply from October 2011.
Adrian Marlowe, chairman of ARC, said “Having played a significant part in the consultations leading to the Regulations we are pleased to now be invited to the drafting table. It is hoped that the guidance will unravel some of the more complex areas of the Regulations and we will certainly lend our weight towards achieving that objective. However guidance cannot itself change the law, it can only seek to clarify confusing areas. Those currently awaiting the guidance should note this accordingly.”
As guidance is only intended as a non enforceable explanatory tool the ARC’s position is that that the Regulations should be changed wherever there are drafting errors or they do not reflect the government’s real intention. Towards this end the ARC is continuing to press the government to amend key areas of the Regulations where the current wording leaves an unsatisfactory result, for example under the so called Swedish Derogation.