Under the Agency Workers Regulations 2010, must an employer inform agency workers who are working for it about vacancies in the organisation?

The Agency Workers Regulations 2010 (SI 2010/93) impose an obligation on a hirer to inform an agency worker supplied to it about relevant vacant posts with it, to give him or her the same opportunity as a comparable worker to find permanent employment within the organisation.

A "comparable worker" is one who also works under the direction of the hirer, works or is based at the same establishment as the agency worker and is engaged in the same or broadly similar work (taking into account whether or not they have a similar level of qualification or skills).

The hirer does not have to inform each agency worker directly of all vacancies in the organisation. It can satisfy the obligation by a general announcement in a suitable place at the hirer's establishment (eg by putting up a notice in the staff area or on its intranet). As part of its induction process, the hirer should inform agency workers how they can access information about vacancies.

The obligation under the Regulations to inform agency workers about relevant vacancies applies only to hirers. A temporary work agency has no liability to inform an agency worker in respect of vacancies at the temporary work agency or at the hirer's organisation.