The Agency Workers Regulations came into force on 1st October 2010, and have significant implications for employers. The primary purpose of the Regulations is to ensure that, after a 12 week waiting period, an agency worker is entitled to the same basic working and employment conditions as if they had been directly recruited by the hirer. However, there are also rights from day 1 which provide for equal access to collective facilities e.g. car parking, crèche etc. This also includes access to vacancies.
Key provisions in the Regulations include:
• agency workers will be entitled to equal treatment as permanent staff in relation to basic working and employment conditions, including pay and holidays,
• agency workers rights to pay will not only apply to the basic hourly rate, but to pay for work done, including bonuses which are directly related to agency workers’ personal performance,
• the rights do not extend to some wider benefits enjoyed by permanent staff, such as sick pay and occupational pensions,
• penalties for employers trying to avoid implementing equal treatment – anti-avoidance rules.
The Regulations are not straightforward and, if you use, or intend to use, agency workers, then it is advisable to download government guidance at http://bit.ly/kOASJN
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Please Note. While every care has been taken in compiling these notes, Plus Safety cannot be held responsible for the any errors or omissions; the notes are not intended to be substitute for specific legal advice