How should a hiring employer respond if it receives a request from an agency worker for information under the Agency Workers Regulations 2010?
Agency workers have the right to request information to ensure that they are receiving equal treatment under the Agency Workers Regulations 2010 (SI 2010/93).
If a hiring employer receives a request from an agency worker for information about collective facilities and amenities, or permanent vacancies, which he or she is entitled to access from day one of the assignment, the employer must respond within 28 days of receiving the request. It must provide a written statement setting out:
- all relevant information about the rights to which comparable employees have access; and
- the reasons for the agency worker's treatment in relation to those rights.
An agency worker can request information about equal treatment in relation to basic employment terms and conditions by contacting the agency at any time after he or she has completed the 12-week qualifying period. If the worker does not receive a response from the agency within 30 days of making the request, he or she can request the information from the hiring employer. The hiring employer must respond within 28 days of receiving the request with a written statement setting out information relating to the relevant basic working and employment conditions of its workers.