agency workers regulations 2010 neil emery october 2012
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Agency Workers Regulations 2010 Neil Emery October 2012

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Agency Workers Regulations 2010 Neil Emery October 2012. Agency Workers. Agency Workers. Agency Workers. 1 October 2011. Day one rights. Collective facilities Information about employment vacancies. Rights after 12 weeks.

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agency workers2
Agency Workers

1 October 2011

day one rights
Day one rights
  • Collective facilities
  • Information about employment vacancies
rights after 12 weeks
Rights after 12 weeks
  • Same pay and basic working conditions as equivalent permanent staff
qualifying period
Qualifying period
  • 12 weeks in the same role (ignoring change of agency)
  • No minimum amount of work to be completed
  • “In the same role” - change of position requires re-qualifying
  • The whole or main part of the role must be “substantively different”
  • Agency must notify worker of new role in writing
  • Breaks between assignments of less than six weeks e.g. if returning to a role
qualifying period1
Qualifying period
  • Breaks beyond six weeks preserving continuity:
    • sickness up to 28 weeks
    • temporary cessation of work
    • jury service
    • statutory or contractual entitlement to time off
    • strike / lock out
  • Pregnancy or adoption leave breaks count towards the qualifying period
  • Once qualified, the worker remains eligible for equal treatment until broken
anti avoidance
Anti-avoidance
  • Worker has completed two or more assignments with a hirer
  • Worker has completed one or more assignments with a hirer with hirers associated with that hirer
  • Worker has worked in more than two different roles with the hirer
agency workers3
Agency Workers

So the implications are:

  • Higher agency costs
  • Less experienced agency workers
  • If a deliberate attempt to frustrate or prevent qualification, employment tribunal can award compensation of up to £5,000 (minimum 2 weeks’ pay)
action points
Action Points
  • Audit of agency staff
  • Skills matrices
  • Standard terms and conditions of employment, pay scales and annual leave entitlements
  • Mechanism to keep track of agency workers
action points1
Action Points
  • Short assignments (of no more than 12 weeks)
  • Roles with no directly recruited comparator
  • Swedish derogation?
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