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 Workers Regulations 2010 Neil Emery October 2012

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Agency Workers Regulations 2010Neil EmeryOctober 2012


Agency Workers


Agency Workers


Agency Workers

1 October 2011


Day one rights

  • Collective facilities

  • Information about employment vacancies


Rights after 12 weeks

  • Same pay and basic working conditions as equivalent permanent staff


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 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

  • 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 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

  • 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 Points

  • Short assignments (of no more than 12 weeks)

  • Roles with no directly recruited comparator

  • Swedish derogation?


Contact

  • Neil Emery01622 698047neilemery@whitehead-monckton.co.uk


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