Government publishes draft guidance on agency workers Regulations

The Government has published, for comment, draft guidance on the agency workers Regulations, which come into force on 1 October 2011. 

The Agency Workers Regulations 2010 (SI 2010/93) will entitle agency workers to certain rights from their first day on an assignment at a hirer organisation as well as, after a 12-week qualifying period, the same basic terms and conditions in relation to pay, working time and annual leave as comparable employees working for the hirer. 

The draft guidance, which was published on 1 April 2011, provides advice on, for example:

  • the type of organisations and individuals to which the Regulations will apply and those that will be outside their scope;
  • the types of facilities to which agency workers will be entitled from day one;
  • the employment terms to which agency workers will be entitled after 12 weeks with a hirer;
  • how to calculate the 12-week qualifying period, including how to treat breaks in service;
  • which payments should be treated as "pay" (and therefore subject to the equal treatment provision); and
  • the rights of pregnant agency workers. 

The closing date for comments on the draft guidance is 15 April 2011. The Government expects to finalise the guidance by the end of April or soon after. 


Agency workers Regulations We provide an overview of the Regulations in this topic of the week article. 

The Temporary workers and Types of contract sections of the XpertHR employment law manual explain the law relating to agency workers. 

Our Line manager briefing on agency temps looks at the law and best practice on managing agency temps.