Labour Research August 2002

Features: Law queries

Law queries

We have been told that the new law on temporary workers will not now be in force until 1 October 2002. Surely the government had to have a law in place by 10 July 2002 and so are in breach of European law. Can we demand that our employers give temporary workers equal treatment as from now?

It is true that the law should have been in force from 10 July 2002 and it may be possible for those working in the public or monoply services to claim no less favourable treatment in terms and conditions to that enjoyed by permanent workers. However, they would have to be able to demonstrate that the European right is unambiguous and clear to be able to claim that it should have direct effect in the UK. Private sector workers cannot claim the rights against their employers. However, they would have the right to take a claim against the government itself for failing to introduce the new law by the deadline.

* More information: LRD will publish a guide to temporary workers' rights in time for the introduction of the new law.