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Regulating Flexible Work$
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Deirdre McCann

Print publication date: 2008

Print ISBN-13: 9780199218790

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199218790.001.0001

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Temporary Agency Work: Capturing the Tripartite Working Relationship

Temporary Agency Work: Capturing the Tripartite Working Relationship

(p.143) 5 Temporary Agency Work: Capturing the Tripartite Working Relationship
Regulating Flexible Work

Deirdre McCann

Oxford University Press

This chapter is devoted to temporary agency work. It documents the ongoing efforts by the courts to determine whether temporary agency workers should be recognized as employees, and whether the employment agency or end-user firm should be considered the employer. It argues that the New Labour government has adopted a deregulatory stance towards temporary agency work, by refraining from introducing a right to equal treatment into UK law while opposing proposals to this end at the EU level. It is suggested that this reluctance is related to the centrality to UK labour market policy of the need to encourage the private recruitment industry. The chapter also examines two reforms that have been introduced to regulate temporary agency work: personal scope measures that clarify the coverage of temporary agency workers and allocate responsibilities between agencies and end-users, and the amendments to the measures that regulate employment agencies.

Keywords:   employment agency, private recruitment industry, Dacas, Conduct of Employment Agencies and Employment Businesses Regulations 2003

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