Agency Worker Regulations 2010

Date Added: 27 September 2011

The Agency Worker Regulations 2010 come into force on 1^st October 2011. They apply to agency workers who are engaged to do temporary work for hirers, through temporary work agencies. The Regulations do not apply to workers or employees introduced directly to employers by employment agencies to undertake permanent employment.

The Regulations provide two main rights for agency workers, day 1 rights and 12 week rights.

Day 1 Rights

From day 1, agency workers will be entitled to access collective facilities and job vacancy information at their place of work as if they were an employee and had been recruited directly. Examples of access to facilities include canteen facilities, child care facilities and the provision of transport services. Collective facilities and amenities do not extend to off-site facilities. Equally in relation to job vacancies, the worker should be provided with information relating to the post as if they were a direct and permanent employee.

12 Week Rights

After an agency worker completes a 12 week qualifying period with the same hirer, in the same role, they will be entitled to have the same basic terms and conditions of employment as if they had been employed directly by the hirer. The qualifying period is not retrospective, those agency workers already on assignment will be required to have the 12 week qualifying period commencing from 1^st October 2011. In particular the rights relate to remuneration, duration of work and annual leave. Furthermore, pregnant workers, on completion of the 12 week qualifying period, will be entitled to paid time off to attend antenatal medical appointments and antenatal classes. These provisions are in addition to existing discrimination protections for pregnant workers in the Equality Act 2010.

The 12 week qualifying clock

It is helpful to think of the qualifying period as a clock. Sometimes a gap between work assignments will mean the qualifying clock is reset to nought and must be started again; for example where the agency worker begins a new job with a new hirer. In other circumstances a break will simply pause the qualifying clock which will resume ticking, when the agency worker returns. For example, where a supply teacher starts teaching at a School 6 weeks before the summer holidays, there is then a hiatus whilst the school closes for the summer, at this point the clock is paused. Once the supply teacher returns to the same School in the same role, the clock continues to tick as before.

Do the Regulations affect you?

The new Regulations have implications not just for agency workers however. Employers who hire agency workers and temporary work agencies, both in the private and public sector, must ensure they update their practices to ensure that they are providing the correct information about pay and basic working conditions to the relevant parties.

If you require further information or advice concerning the Agency Worker Regulations 2010 including exemptions to the Regulations, please contact Martin Stevens on mds@hallettandco.co.uk or Darren Thorneycroft on dct@hallettandco.co.uk or telephone 01233 625 711.

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