Agency Workers
AGENCY WORKERS
The Agency Workers Regulations 2010 are in force from 1 October 2011. They apply to workers who obtain employment through temporary work agencies.
Temporary work agencies are in the business of supplying individuals to work temporarily for hirers. Employers who use these agencies are responsible for what they do so they must ensure they comply with their equality and diversity policies and act appropriately in all respects.
To fall within the Regulations a worker must be under the supervision and direction of the hirer not of the agency. The Regulations do not apply to people who are working for themselves or are on secondment from another organisation.
Under the Regulations the right to “equal treatment” applies to working time, holiday entitlement and pay as though the worker was recruited directly by the hirer to carry out the same job. The workers rights include:
• Paid annual leave
• Rest breaks and limits on working time
• The National Minimum Wage
• No unlawful deductions from pay
• Discrimination rights under the Equality Act 2010
• Health &Safety at work
To qualify under the Regulations the worker must have been continuously employed in the same role for a period of 12 weeks,
“Continuity” is not broken for qualification purposes if there is a period of less than 6 weeks between assignments. In other words if a worker returns to the hirer in substantially the same role within 6 weeks of the first assignment then the first assignment will count towards qualification.
There is a different provision under the Regulations for breaks that occur for reasons related to pregnancy or maternity, paternity or adoption leave. Such breaks count towards qualification.
No qualification period applies to the agency workers right to have access to “collective facilities and amenities” provided by the hirer. This right applies from day one of any assignment.
The Regulations do not define “collective facilities and amenities” but three examples are listed:
• canteen or other similar facilities
• child care facilities
• transport services
Also from day one of an assignment the agency worker should be given the same opportunity as a comparable direct worker to apply for any vacant permanent positions with the hirer.
Breaches of the Regulations can give rise to claims by agency workers through the employment tribunal system against the recruitment agency and/or the hirer to the extent that they may be jointly or severally liable.
Government guidance on the Regulations can be obtained at www.bis.gov.uk
All PBS information sheets are designed to provide the detail needed to implement best business and employment practices. They are not a detailed commentary on the current law and where advice is required in a specific case you should contact PBS for expert consultation.