19/07/2011 HR Update - Agency Workers Regulations

The new Agency Workers Regulations are due to come into force on the 1st October 2011, giving agency workers the entitlement to the same basic employment and working conditions as if they had been recruited directly, if and when they complete a qualifying period of 12 weeks in the same role.

The 12 week qualifying period will start from the 1st October 2011 so will not apply to agency workers already on assignment.

If you are an employer and you hire temporary agency workers through a temporary work agency then these regulations ensure that an agency workers terms and conditions are not less favourable than if you had recruited an individual at the same time to do the same job, enforcing equal treatment.  You will be required to provide the agency with up to date information on your terms and conditions so that they can ensure that an agency worker receives the correct equal treatment.

From day one you must ensure that agency workers have access to your facilities, such as canteen, childcare. 

After completing the 12 week qualifying period in the same job an agency worker will be entitled to equal treatment in relation to pay, and other basic working conditions, such as annual leave, rest breaks etc. This would not include payments such as occupational sick pay and pension, occupational maternity, paternity or adoption pay and redundancy pay.
 

For further information, advice or guidance please Contact Us.

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