Morrisons are having discussions with recruitment agencies about using a loophole to get-out of the new Agency Workers Regulations (AWR).
The AWR was created so that temps get the same rights as permanent members after the temp has been at the same employer for 12 weeks or more. This has forced some employers to look at legitimate routes to waive these rights.
One such option is called the “Swedish derogation”, which basically means the temps are hired directly by the employer and therefore no longer classed as agency worker and so therefore not covered by this new ruling. This of course brings other discrepancies but shows how high usage employers of temps are trying to think outside the box to cope with the new AWR. The end result though will be that these employers will ultimately try to find ways to reduce temp requirements, which is a negative point to recruitment agencies who have built sound business models to supply a service to these employers.
I do think that this is a case of everyone trying to find their feet. It was obvious that these new regulations were going to cause massive disruption but the end result is that this rule exists and recruitment agencies have to work towards it. I also don’t think it is a surprise now that many employers are coming up with starter salary packages to make their comparable as much in their favour as possible.


