AGENCY WORKERS - IMPORTANT NEW RULES

Important new regulations were made last month in respect of temporary agency work.  Although the regulations do not come into force until 1st October 2011 we recommend that hirers of agency workers familiarise themselves with the forthcoming changes now.

In summary the regulations ensure that after 12 weeks in a given job agency supplied workers will be entitled to equal treatment on basic working and employment conditions, including pay and holidays, as if they had been recruited directly by the hirer. In addition from the first day of an assignment agency workers will be entitled to information about vacancies in the hirer to give them the same opportunity as other workers to find permanent employment and to equal access to on-site facilities such as child care facilities. Both agency and hirer can be liable in respect of a breach of the regulations.

In more detail, the main provisions are as follows:-

Regulation 5 – states that the agency worker ("A") "shall be entitled to the same basic working and employment conditions as A would be entitled to for doing the same job had A been recruited by the hirer" - in connection with pay, the duration of working time, night work, rest periods, rest breaks and annual leave (Reg 6);

Regulation 7  - allows for a qualifying period, in the same role with the same hirer, of 12 weeks in order to be entitled to the right set out above in Reg 5;

Regulation 10  - in regard with pay Regulation 5 will not apply where a permanent contract of employment is entered into between a temporary work agency and the agency worker. Certain conditions must be fulfilled regarding the form and terms of the permanent contract, and for a minimum amount of pay, to be paid to the agency worker between assignments;

Regulation 14 - concerns liability, as agency workers are involved in a triangular relationship involving the temporary work agency and hirer. Crucially, the temporary work agency and hirer can both be liable to the extent that they are responsible for a breach of Reg 5, although in some circumstances the temporary work agency will not be held responsible;

Regulation 17 – provides for the right not to be unfairly dismissed or subjected to a detriment for a reason relating to these Regulations;

Regulation 18 - provides remedies for individuals, including compensation, by way of proceedings in employment tribunals.

For further information contact our helpline on 01625 874400.