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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?
Where workers are contracted directly to work for the business that is responsible for supervising them, they will not be covered by the Agency Workers Regulations 2010 (SI 2010/93). It is an essential element of the Regulations that the agency worker is supplied by one entity to provide services to another entity.
Where workers are placed internally by a staff bank, those workers are direct recruits and are not covered by the Regulations. However, if the staff bank hires workers out to other legal entities, the Regulations are likely to apply. This could include another division of the same business, if that division has a separate legal identity (eg it is a different limited company within the same group).
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