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Agency Workers Regulations - October 2011

Companies who use Agency workers need to be aware that with effect from 1st October 2011 an agency worker who has 12 weeks completed service on either a single assignment or in a number of assignments, will be entitled to equal treatment on the same basis as if he or she had been hired directly by an employer.

The equal treatment covers terms such as, annual leave; pay; night work; rest periods; working hours; and rest breaks.  Affected workers will also be entitled to use collective facilities, such as canteens, car parking and childcare facilities, on the same basis as employees.

The regulations do, however, exclude some benefits from the equal treatment requirement, including company loans; expenses; company pension schemes; company sick pay; health and life insurance or assurance; share option schemes; and family-leave-related pay above the statutory minimum.

Importantly is the fact that even without the 12 week qualifying service of 12 weeks, an agency worker will have the right to apply for any internal vacancy with the company, and, therefore, it is imperative that employers advertise all vacancies on either their notice boards on through their intranet.

It will not be easy for employers to find loop holes in this legislation, for example breaking the assignment by a short period of time will not stop the 12 week qualifying period accruing, it is indicated that this would have to be a break of in excess of 6 weeks before the assignments do not link.

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