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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.
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? 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?
An agency worker can have break of no more than six weeks between assignments with the same hirer without bringing continuity of service to an end for the purposes of the Agency Workers Regulations 2010 (SI 2010/93). The 12-week qualifying period is paused during a break of six weeks or less. For example, if an agency worker has one assignment lasting eight weeks, then has a break of five weeks before starting a new assignment with the same hirer, after four weeks in the new assignment, the worker will have completed the 12-week qualifying period and will be entitled to the same basic employment conditions as a comparable directly recruited employee.
The Agency Workers Regulations 2010 are in force from 1 October 2011.
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