What you need to know about Agency Workers Regulations

A number of changes are coming into force on October 1 2011 when the Agency Workers Regulations 2010 is implemented.

The regulations are intended to offer better treatment to agency workers and offer a form of equal treatment in line with permanent members of staff.

The new regulations will apply to all ‘temp agencies’ who supply temporary staff to businesses.

The agency worker will, after a qualifying period, be entitled to equal “basic working and employment conditions”. Basic conditions are restricted to pay, working time, night work, rest periods, rest breaks and annual leave. However, they will only apply if they would have been ordinarily included in the contract had the person been recruited permanently.

The qualifying period is 12 continuous calendar weeks in the same role for the same business. There are anti-avoidance provisions in place to prevent businesses moving workers to marginally different roles before the twelve weeks expires.

Under the new Agency Workers Regulations there are a number of rights that agency workers will be entitled to from the first day of service. These include access to facilities and amenities such as canteen and car parking. Agency workers must also be given information on permanent vacant posts available within the business from day one.

Breach of the regulations may result in the temp agency and the hirer being taken to an employment tribunal by the worker and an award of compensation and damages made against them.

If you have any questions about agency workers regulations, or any other employment law matter, contact our Employment team on 01772 258321.