Why do organisations that are not employment agencies need to consider the Agency Workers Regulations 2010?
Who is an "agency worker" for the purposes of the Agency Workers Regulations 2010?
What rights do agency workers have under the Agency Workers Regulations 2010 from the first day of their assignment?
The Agency Workers Regulations 2010 (SI 2010/93), which are in force from 1 October 2011, confer on agency workers a number of new rights. Some of these rights apply from the first day a worker is engaged at a hirer organisation. Other rights apply only after the worker has been with the same hirer in the same or a substantively similar role for 12 weeks.
Rights that apply from day one include the right to be treated no less favourably than the hirer's comparable employees and workers in relation to shared facilities and amenities provided by the hirer, unless the hirer can objectively justify this. According to the Department for Business, Innovation and Skills’ Guidance (PDF format, 330K) (on the BIS website) on the Regulations, shared facilities provided by the hirer that agency workers are entitled to access could include, for example:
- a canteen;
- a workplace crèche;
- transport to and from the workplace;
- a staff room;
- a prayer room; and
- car parking.
Agency workers also have the right from day one of the assignment to be given the same information about relevant vacancies as the hirer's comparable employees and workers.
The right not to suffer a detriment for asserting rights under the Regulations also applies from day one.
Hirers may be liable for employment tribunal claims by agency workers to whom they deny the above rights.
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Under the Agency Workers Regulations 2010, who is responsible for ensuring that agency workers have access to collective facilities and job vacancies from day one of the assignment?
What rights do agency workers have under the Agency Workers Regulations 2010 after the 12-week qualifying period?
Under the Agency Workers Regulations 2010, who is responsible for ensuring that agency workers have the same basic terms and conditions as a comparable direct recruit?
Do self-employed people have rights under the Agency Workers Regulations 2010?
Are workers who are supplied by an in-house staff bank covered by the Agency Workers Regulations 2010?
In what way are agency workers' maternity rights enhanced by the Agency Workers Regulations 2010?
How is the 12-week qualifying period under the Agency Workers Regulations 2010 calculated?
What counts as a week for the purposes of the 12-week qualifying period under the Agency Workers Regulations 2010?
How long a break between assignments can an agency worker take without bringing continuity of service to an end for the purposes of the Agency Workers Regulations 2010?
Does an agency worker lose his or her entitlement to additional rights under the Agency Workers Regulations 2010 if he or she changes role within the organisation after the 12-week qualifying period?
Can an employer limit the use of agency workers to assignments of less than 12 weeks, to avoid the impact of the Agency Workers Regulations 2010?
Can an employer move agency workers around different connected hirers to prevent their being entitled to additional rights after 12 weeks?
Can an employer move agency workers around different roles in the organisation to prevent their being entitled to additional rights after 12 weeks?
How is the 12-week qualifying period under the Agency Workers Regulations 2010 calculated for agency workers who are already working on an assignment for a hiring employer on 1 October 2011?
What information must an employer that hires agency workers provide to the agency to comply with the Agency Workers Regulations 2010?
How should a hiring employer respond if it receives a request from an agency worker for information under the Agency Workers Regulations 2010?
Do the Agency Workers Regulations 2010 give agency workers the right to claim unfair dismissal?