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?
The definition of an agency worker under the Agency Workers Regulations 2010 (SI 2010/93) is an individual who has a contract with a temporary work agency to perform work personally, and who is supplied by the agency to work temporarily for and under the supervision and direction of a hirer. This will include some individuals who are considered by themselves, and perhaps even by HM Revenue and Customs, to be “self employed”. Only where the arrangements are such that the agency or hirer is a “client or customer of a profession or business undertaking carried on by the individual”, ie it is a business to business relationship, will the individual not be covered by the Regulations.
A tribunal will consider all the factors in a case to determine whether or not the agency (or the hirer) could be described as the individual’s “client or customer”. For example, a temporary work agency contracts the services of an administration manager who describes herself as “freelance” and “self employed” and assigns her to work on a project for a hirer where the level of specialist skills required for the assignment is low and she does not work for other clients. On these facts, it is likely that neither the agency nor the hirer is her “client or customer”, and she is an agency worker for the purposes of the Agency Workers Regulations 2010.
Where it is the intention of the individual, the temporary work agency and the hirer that the individual is self employed and is not to be covered by the Regulations, it is important that there is clear evidence in a written contract and in practice that the agency or hirer is a client or customer of the profession or business undertaking carried out by the individual.
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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?