Agency Workers Regulations. Alana Jones Jones Cassidy Jones Solicitors. Aim: To Explain. Scope of the Regulations Day one rights Rights conditional upon qualifying period Operation of 12 week period. Aim: To Explain. Anti-avoidance provisions Protection related to maternity
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Jones Cassidy Jones Solicitors
Action points which might assist organisations to prepare for changes ahead.
Regulation 3 defines “agency worker”.
Regulation 4 defines “temporary work agency”.
W has during an assignment the right to be treated no less favourably than a comparable worker re the collective facilities and amenities provided by H.
W has right to be informed by H of any relevant vacant posts with H to give W the same opportunity as a comparable worker to find employment with H.
W entitled to same basic working & employment conditions as W would be entitled to for doing the same job had W been directly recruited by H.
Right fulfilled where W working under same relevant Ts & Cs as a comparable employee whose contract reflects Ts & Cs ordinarily included in contracts of comparable employees of H.
e.g. up to 28 weeks of sickness; paternity leave
is the most likely explanation for the structure of assignments the intention to prevent W from qualifying for right to parity?
A to provide suitable work or minimum level of remuneration for 4 weeks
“Pay”, hours, rest breaks and leave (Reg 5)
: H or A may be held liable
: A has potential defence
: A can rely on information from H
H liable re:
- protection against detriment by reason of enforcing rights.
- unfair dismissal
- redundancy payment
- occupational sick pay, maternity benefits, access to pension scheme, profit sharing and some bonuses.