Unions & Agency Staff

[james2004]

I know agency workers now have the right to join a union.

I have a workforce that is less than 10% in a union so i dont recognise the union at present.

However, if i take agency staff and they are members of the union would they contribute to the 10% rule, as agency workers they are not classed as my employees?

Also should my workers call any action could they ask or demand the agency workers do the same?

This is not strictly speaking about to happen i just need to know for my own peace of mind.

Thanks

[yorkshirejames]

I would suggest you base your planning on worst case scenario.

Off the top of my head, where such issues are concerned, it is not whether or not they are an employee that is the pertinent question, but whether or not they are a worker.

For agency workers, the answer to the 'worker' question is nearly always yes (so H&S responsibility, protection against racial/sexual/etc discrimination, etc etc) and the answer to the 'employee' question is pretty much no - before Feb of this year it was a greyer area, but the Court of Appeal in James v Greenwich clarified to an extent. http://www.emplaw.co.uk/researchfree-redirector.aspx?StartPage=data%2f200701081.htm may help.

Do be aware that the option for the courts to deduce that an 'implied employment contract' exists is still there - this would be based on the facts.

[james2004]

I understand the "worker" definition, but my issue is, i want to increase my workforce for a seasonal high (5 months) but may keep them on the agency books for flexibility reasons. But I am concerned that the agency staff may contribute to the 10% needed for the CAC to start statutory recognition process.

But surely if they are not permanent staff and are not my direct employees they cant contribute to the ammount of people they need for the 10% rule to apply??

I have had legal advise on the "employee" definition and happy that they are not "my employees", but no one seems to know the answer to the union issue.

Im not anti unions, its just that they company i took over has a track record with union problems dating back 30 years and i dont want them to get back in now so much work has been done without these issues.

[sjbeale]

There are plans afoot to introduce new legislation providing equal rights for agency workers as permanent workers after 3 months.

If 10% of your organisation (including appropriate agency workers) request union recognition then you must take action accordingly.