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http://www.acas.org.uk/index.aspx?articleid=1873
New changes now in force.
Agency workers
Also see: Working Hours
Temporary and contract workers play an important role in providing flexibility for UK businesses. Employers who use recruitment agencies are responsible for what they do, so they must be sure the agency acts appropriately and in accordance with their equality and diversity policies.
Agency workers are classed as "workers" rather than as employees. All workers, including agency workers, are entitled to certain rights which include:
The regulations will give agency workers the entitlement to the same or no less favourable treatment as comparable employees with respect to basic employment and working conditions, if and when they complete a qualifying period of 12 weeks in a particular job.
Full guidance on the Agency Workers Regulations [PDF, 335kb] can be found on the Department for Business, Innovation and Skills website. (Guidance may be subject to change prior to regulations coming into force, please check back regularly for updates.)
Acas training: Acas Agency Workers training is available to enable hirers who book agency workers through a temporary worker agency (TWA) to familiarise themselves with the changes coming into effect when the regulations become law and to find out what they will need to do now.
View course details and locations.
Who is covered by the regulations?
The regulations cover agency workers supplied by a temporary work agency to a hirer. This includes most agency workers that people refer to as 'temps'.
The regulations also cover agency workers supplied via intermediaries.
To establish the rights in these regulations, the agency worker needs to be able to identify a comparator.
Who is not covered by the regulations?
The regulations don't cover the genuinely self-employed, individuals working through their own limited liability company, or individuals working on managed service contracts.
What rights will agency workers have?
From Day 1 of their employment, an agency worker will be entitled to:
Does the 12-week qualifying period have to be continuous?
No, most breaks between or during an assignment to the same job that are less than six weeks in length will simply pause the accrual of the 12-week qualifying period. Most breaks between or during an assignment to the same job that are six weeks or more will reset the 12-week qualifying period.
The accrual of 12 weeks qualifying period can be paused by:
What if an agency worker is working on more than one assignment?
If an agency worker is working on more than one assignment the agency worker will have two or more assignments that need to accrue separately. In other words if an agency worker has assignment A and assignment B, they would need to work for 12 weeks on assignment A before their rights apply to assignment A and 12 weeks on assignment B before their rights apply to assignment B.
The regulations require that a new assignment would need to comprise 'substantively different work or duties' for the qualifying period to start again.
What is a 'comparative employee'?
The regulations aim to ensure an agency worker is engaged on the same relevant terms and conditions as a "comparable employee". In other words, "what terms and conditions would the agency worker have got if they had been directly recruited into the role?"
An employee is a 'comparable employee' if at the time of an alleged breach of the regulations:
Acas training
Acas have scheduled training courses which will help familiarise you with the changes coming into effect when the Agency Workers Regulations 2010 come into force in October and what you will need to do now.
The courses have been designed for the hirer (end user), which includes companies, partnerships, sole traders and public bodies who book agency workers via a temporary work agency (TWA).
New changes now in force.
Agency workers
Also see: Working Hours
Temporary and contract workers play an important role in providing flexibility for UK businesses. Employers who use recruitment agencies are responsible for what they do, so they must be sure the agency acts appropriately and in accordance with their equality and diversity policies.
Agency workers are classed as "workers" rather than as employees. All workers, including agency workers, are entitled to certain rights which include:
- Paid annual leave
- Rest breaks and limits on working time
- The National Minimum Wage
- No unlawful deductions from wages
- Discrimination rights under the Equality Act 2010
- Health and safety at work.
The regulations will give agency workers the entitlement to the same or no less favourable treatment as comparable employees with respect to basic employment and working conditions, if and when they complete a qualifying period of 12 weeks in a particular job.
Full guidance on the Agency Workers Regulations [PDF, 335kb] can be found on the Department for Business, Innovation and Skills website. (Guidance may be subject to change prior to regulations coming into force, please check back regularly for updates.)
Acas training: Acas Agency Workers training is available to enable hirers who book agency workers through a temporary worker agency (TWA) to familiarise themselves with the changes coming into effect when the regulations become law and to find out what they will need to do now.
View course details and locations.
Who is covered by the regulations?
The regulations cover agency workers supplied by a temporary work agency to a hirer. This includes most agency workers that people refer to as 'temps'.
The regulations also cover agency workers supplied via intermediaries.
To establish the rights in these regulations, the agency worker needs to be able to identify a comparator.
Who is not covered by the regulations?
The regulations don't cover the genuinely self-employed, individuals working through their own limited liability company, or individuals working on managed service contracts.
What rights will agency workers have?
From Day 1 of their employment, an agency worker will be entitled to:
- the same access to facilities such as staff canteens, childcare and transport as a comparable employee of the hirer
- be informed about job vacancies.
- pay - including any fee, bonus, commission, or holiday pay relating to the assignment. It does not include redundancy pay, contractual sick pay, and maternity, paternity or adoption pay
- working time rights - for example, including any annual leave above what is required by law.
Does the 12-week qualifying period have to be continuous?
No, most breaks between or during an assignment to the same job that are less than six weeks in length will simply pause the accrual of the 12-week qualifying period. Most breaks between or during an assignment to the same job that are six weeks or more will reset the 12-week qualifying period.
The accrual of 12 weeks qualifying period can be paused by:
- absences for sickness and jury service (for up to 28 weeks)
- annual leave, shut downs (e.g. factory closures and school holidays) and industrial action (for the duration of the absence).
What if an agency worker is working on more than one assignment?
If an agency worker is working on more than one assignment the agency worker will have two or more assignments that need to accrue separately. In other words if an agency worker has assignment A and assignment B, they would need to work for 12 weeks on assignment A before their rights apply to assignment A and 12 weeks on assignment B before their rights apply to assignment B.
The regulations require that a new assignment would need to comprise 'substantively different work or duties' for the qualifying period to start again.
What is a 'comparative employee'?
The regulations aim to ensure an agency worker is engaged on the same relevant terms and conditions as a "comparable employee". In other words, "what terms and conditions would the agency worker have got if they had been directly recruited into the role?"
An employee is a 'comparable employee' if at the time of an alleged breach of the regulations:
- both employee and agency worker are working for and under the supervision and direction of the hirer
- both employee and agency worker are engaged in the same or broadly similar work (this could include an examination of qualification and skills)
- the employee works or is based at the same establishment as the agency worker (the employee can work or be based at a different establishment but only where such an employee cannot be found working or based at the same establishment).
Acas training
Acas have scheduled training courses which will help familiarise you with the changes coming into effect when the Agency Workers Regulations 2010 come into force in October and what you will need to do now.
The courses have been designed for the hirer (end user), which includes companies, partnerships, sole traders and public bodies who book agency workers via a temporary work agency (TWA).
