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Agency Workers; Governments Position "Disappointing"...

Ministers again refused to support or oppose Andrew Miller’s Private Member’s Bill in a crucial vote yesterday on giving temporary agency workers equal rights.

The government’s abstention, which was greeted with disappointment from business leaders and accusations of cow-towing to backbenchers, came at the start of the committee stage of the proposed legislation.

Employment minister Pat McFadden refused to back an opposition motion to defer the Bill’s passage through Parliament, adding that the government needed more time to resolve the issue at European level.

Previous moves in Europe to give agency workers equal treatment, in terms of equivalent salaries, paid holiday, overtime and sick pay of full time staff, have been blocked by the government. But Gordon Brown is facing increasing pressure to offer concessions after more than a third of Labour MPs voted in favour of the Bill in February.

Brown hopes to head off further pressure from Europe by creating a commission involving business and unions to reach a consensus.

more protection from sexual harassment under new rules...

The age old rule that the customer is always right is no longer the case, if they are found to be sexually harassing employees of supplier companies, warns an employment specialist at Preston law firm, MWR Solicitors.

Bosses who don't take steps to protect their employees from sexual harassment from third parties, such as a customer, a supplier or any other person they come into contact with whilst in the work place are now liable for legal action, under new rules that came into force in April.

Sadiq Vohra, employment partner at the Cannon Street based law firm, MWR Solicitors said: "Employees have previously only been protected from harassment from colleagues, but this rule change means that if an employee has already reported two instances of sexual harassment from a third party and it happens again, they have the right to claim compensation from their employer.

"The new rules will mainly affect employers with client-facing which affects many industries such as leisure, retail, service and even education."

The government was forced to amend the law following the then Equal Opportunities Commission's (now part of the Equality and Human Rights Commission) decision that the government had failed to adequately uphold the European Equal Treatment Directive.

Sadiq concluded: "This change to the law does present a certain challenge to employers as they will more than likely have more difficulty in exerting their authority over a customer or supplier, than they do with their own employees.

'However, bosses need to be aware that although it may be uncomfortable to confront a third party, especially a large customer, they have to do so because failure to protect their employee from this type of sexual harassment, could result in a claim against them for uncapped and extensive compensation.'

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Copyright © 1999 Xecutive Search. All rights reserved. Revised: November 11, 2007 .