The Agency Workers Regulations 2011
As many of you will be aware, new regulation comes into force from 1st October 2011 with regards to ‘Agency’ (temporary) workers. This regulation relates to Agency workers having equal rights both from day 1 of their assignment and upon completion of a qualifying period.
For any of you who may not be aware of these rules, please find below the main details of the regulations.
Day 1 rights
From Day 1 (Day 1 being on or after 1st October 2011), an Agency worker has the right to equal treatment with regards to access of collective facilities and amenities. That is:
a) Canteen (or other similar facilities)
b) Child care facilities
c) Transport services
d) Car parking
e) Showers/toilets
f) Prayer room
g) Other facilities (including gym)
Agency workers will also qualify for the right to be informed of any relevant vacant permanent posts with the hirer.
After 12 weeks
After 12 weeks of working within the same job, the Agency worker will qualify for the same rights as a comparable permanent employee.
The rights an Agency worker would then qualify for relate to basic working and employment conditions. That is:
a) Pay
b) Duration of working time
c) Night work
d) Rest periods and breaks
e) Annual leave (if more than statutory 28 days)
There is also a right for pregnant workers to be paid ante natal treatment and suitable alternative work/pay.
The 12 week rule
In order to qualify, an Agency worker must accrue 12 calendar weeks work with a hirer within the same job. The 12 weeks can either be accrued:
a) As a consecutive 12 week period (including full and part weeks)
b) By having a ‘break’ (see definition below) of no longer than 6 weeks in between assignments with the hirer
In instances that an Agency worker has a break of more than 6 weeks, the 12 week ‘clock’ resets to zero and if the Agency worker were to return to the hirer, they would have to start accruing their qualifying period from scratch.
Breaks
Please note a ‘break’ does not include:
a) A period of 6 weeks or less between assignments
b) Incapacity due to sickness up to 28 weeks
c) Annual leave which tthe Agency worker has accrued
d) Jury service
e) Strike or temporary cessation
f) For reasons related to pregnancy up to 26 weeks after birth
g) Leave related to maternity, paternity, adoption
The above information provides only an overview of the changes and the main areas of change to a business.
As with any legislation, there is a lot more to what is outlined here.
Should you require any further information on how this new legislation would affect you and your organisation, please get in touch and we will do what we can to answer your questions.
website and contents copyright Chase and Holland 2010