Government finalises guidance on agency workers Regulations

The Government has published guidance on the agency workers Regulations, which come into force on 1 October 2011. 

On 1 April 2011 the Government published draft guidance for consultation on the Agency Workers Regulations 2010 (SI 2010/93). The consultation closed on 15 April 2011, and the finalised guidance has now been published. The Regulations entitle agency workers to the same access to a hirer's facilities as the hirer's employees, and to be notified of job vacancies, from day one of their assignment with the hirer. After completing 12 weeks in the same job, an agency worker will be entitled to the same basic terms and conditions as the hirer's employees in relation to pay, working time and annual leave. The Regulations also amend the rights of agency workers during pregnancy. 

The purpose of the guidance is to help employers and agencies to understand the Regulations. It includes advice on:

  • how to determine to which organisations and individuals the Regulations apply;
  • how to calculate the 12-week qualifying period;
  • the facilities to which agency workers will be entitled from the beginning of an assignment; and
  • the terms and conditions to which agency workers will be entitled after having completed 12 weeks in a given job with a hirer. 

The Regulations allow agency workers to bring a claim to an employment tribunal if their rights are infringed or they are subjected to a detriment for asserting their rights. 

Also

Agency Workers Regulations 2010 This article explains the effect of the Regulations and assesses their likely impact. It also considers which aspects of the Regulations are most controversial and likely to be subject to legal challenge. 

The XpertHR topic of the week series on the agency workers Regulations includes an overview, an explanation of the 12-week qualifying period, a case study and FAQs. 

In Tilson v Alstom Transport [2011] IRLR 169 CA, the Court of Appeal held that the significant integration of an agency worker into the hiring organisation will not necessarily preclude the existence of an agency relationship in which there is no contract between the agency worker and the end-user. 

Agency workers regulations conference XpertHR events brings you this conference on the agency workers Regulations and what it means for employers. The conference programme is designed to help delegates walk away with a better understanding of the new definitions and requirements for employing agency workers.