Latest Information

Agency Worker Regulations 2010

26/07/2011

As of 1 October 2011 the employment rights of agency workers and the responsibilities placed upon businesses hiring agency workers will change.

An agency worker, following the completion of a qualifying period of 12 weeks in a particular job, will be entitled to the same basic conditions of employment as if they have been directly employed by the hirer from day one of the assignment, specifically in relation to:-

1) Pay including any fee, bonus, commission, or holiday pay relating to the assignment; and

2) Working time rights.

Additionally, agency workers who have completed the 12 week qualifying period will also be entitled to paid time off to attend antenatal appointments during the working day.

Importantly, an agency worker is not entitled to receive all the benefits a comparable employee does, and therefore businesses may wish to seek further advice on this prior to the end of the qualifying period.

The qualifying period is not retrospective and for those agency workers already on assignment, the 12 weeks will start to accumulate from 1 October 2011.

There are a number of technical rules identifying what types of absences break the accumulation of the 12 week qualifying period, as some absences simply pause this.

Temporary worker agencies will be required to request information in relation to pay and working time rights if and when the employee completes 12 weeks in any given job. Importantly, the Regulations will not apply to all types of temporary workers, therefore businesses are advised to seek further advice should they utilise temporary staff outside of traditional agency worker arrangements.

Employment Tribunals will be able to impose a fine of up to £5,000.00 per agency worker if a business is found to be involved in illegal avoidance practices, such as hiring workers for up to 12 weeks and then re-hiring them following a break.

KBL Solicitors have produced a detailed guidance note on this subject for the recipients of our legal updates who also subscribe to our helpline service. Recipients who do not subscribe to the helpline service, but who require further advice, should not hesitate to contact us.