The Agency Workers Regulations 2010 gives temporary agency workers the right to the same treatment as permanent members of staff.
This means that agency workers will now be entitled to the same basic working and employment conditions as they would have if they had been recruited directly by the client to do the same job. The agency worker will qualify for equal treatment after a 12 calendar week qualifying period.
When did the Agency Workers Regulations come into force?
The AWR came into force on 1st October 2011
What is meant by ’12 week qualifying period’?
• The agency workers regulations will only apply following a 12 week qualifying period
• The qualifying period started from 1 October 2011 regardless of when the temporary assignment started
• To complete the qualifying period the agency worker must work in the same role with the same client for 12 continuous calendar weeks, during one or more assignments
What ‘equal treatment’ is a temporary worker entitled to after the 12 week qualifying period, under the Agency Workers Regulations?
After a 12 week qualifying period, temporary workers will be entitled to the same benefits as permanent employees, such as:
• Pay (fees/bonuses/commission/holiday pay/unsociable hours premiums/overtime)
• Duration of working time
• Night work
• Rest periods
• Rest breaks and annual leave
What benefits is an agency worker entitled to as soon as they begin their temporary assignment?
Some rights accrue as soon as agency workers are hired and are not dependent on the 12 weeks’ qualifying period.
These are rights include;
• Parking
• Lockers
• Staff canteen
• Crèche/childcare
• Provision of transport services
• Subsidised gym membership
• The right to be informed by the client of any relevant vacant posts with the hire, to give that agency worker the same opportunity as a comparable worker to find permanent employment with the client
This list is not exhaustive; however it gives examples of those rights which are to be in place as soon as an agency worker is hired.
Call 01254 239100 for further details or free advice on the Agency Workers Regulations and how it may affect you.
