Ignore the Agency Worker Regulations at your peril!

On 1 October 2011 the Agency Workers Regulations came into force, entitling agency workers to “favourable treatment” from day one and the same basic employment conditions as permanent staff after twelve weeks in the same role.

If you use temporary staff it is highly likely that the agency supplying them has already requested information regarding your terms and conditions of employment…..our advice is ignore their requests at your peril!  If you fail to provide them with this information and to comply with the new regulations you could be on the receiving end of a lengthy tribunal claim and hefty fine.

What is an Agency Worker?

Agency workers include individuals who work through a “temporary work agency”, PAYE temps and also umbrella company workers.  It will also cover freelancers and other individuals if they work under your direct supervision.

What are Agency Worker’s rights from Day One?

Rights that apply from day one include the right to be treated no less favourably than comparable employees in relation to shared facilities and amenities.  This could include, for example:

• a canteen
• a workplace crèche
• transport to and from the workplace
• a staff room
• a prayer room
• car parking

Agency workers also have the right from day one to be given the same information about relevant vacancies as comparable permanent staff.

What are Agency Worker’s rights after 12 weeks?

After 12 weeks in the same role, agency workers are entitled to the same basic working and employment conditions as permanent staff. This means that they are entitled to equal treatment in relation to:

• pay (this includes basic salary, commission, overtime, allowances, bonuses & vouchers)
• working time duration
• night work
• rest periods
• contractual annual leave

How does this affect pregnant Agency Workers?

After 12 weeks in the same role pregnant agency workers are entitled to paid time off for antenatal care and, potentially, paid time off during an assignment if it is unsuitable for them. It is the agency’s responsibility to seek alternative work for them if a health and safety risk means that the assignment is unsuitable, and to pay her for the duration of the assignment if no suitable alternative work is available.

Who is responsible for ensuring Agency Workers receive the correct entitlements?

You must provide the agency with information about the relevant terms and conditions to which they would be entitled if he or she were a permanent member of staff.

The agency is responsible for ensuring that the agency worker receives these terms and conditions if he or she completes the 12-week qualifying period.

We hope you have found this useful. If you would like to discuss how we can help you manage your obligations in relation to these regulations, please get in touch here