Employment rights of Temps - Seminars to assist HR

Many companies using temporary workers could face unforeseen tribunal actions and resultant legal fees during 2005. This follows Februaryís judgment in the case of Cable & Wireless v Muscat which supports the view from last yearís landmark Dacas v Brook Street case that temps could claim employment rights from end-user companies. There is now established case law to show that there is an ìImplied Contract of Employmentî between temporary workers and end-users.

This is particularly worrying for companies within the skilled manufacturing sector that have traditionally ensured a competitive edge by proactively utilising temporary workers via agencies to support a lean core permanent workforce. Due to the high level of customer concern, Dickinson Dees and SRG are holding a series of seminars throughout the UK in June and July.

Paul Cowie, employment law specialist at Dickinson Dees, explains. ìThe Cable & Wireless v Muscat case has meant that there is an increased risk that a tribunal will consider the temp to be seen as the employee of the end user. The temp may then be able to claim access to benefits such as pensions and share options as well as the end user being responsible for disciplinary, grievance and dismissal.î

There are solutions however. SRG, the UKís leading supplier of technical and scientific staff, takes temps as full employees of their organisation and then contracts them to clients. ìSRGís full employment model not only provides benefits and stability for the worker, it also guarantees that our client is protected from any employment claim.î says Sylvia Kempsell, Managing Director of SRG.

Neil Bitting, Director, Complementary Workforce Optimisation at GSK has first hand experience of the benefits of the SRG approach: Due to our significant investment in Research & Development in the UK, we have an ongoing need for a large number of skilled temporary workers within the UK. Having examined the legal position thoroughly we have retained SRG as a preferred supplier due to their comprehensive Employment contract that allows them to supply us with workers for extended periods, frequently over 2 years in length, which effectively supports our R&D activities.