Under the Agency Workers Regulations 2010, must employers include agency workers in the same performance appraisal process as they use for direct recruits?

No, under the Agency Workers Regulations 2010 (SI 2010/93), an agency worker is entitled, after a 12-week qualifying period, to the same basic working and employment conditions as a direct recruit in the same job, but this does not extend to the right to the same performance appraisal process.

However, agency workers are entitled under the Regulations to the same opportunity to earn a bonus where one is offered by employers to direct recruits on the basis of an assessment of their individual contribution. If that is the case, to ensure that agency workers do not miss out, it is necessary for the employer to adopt a process to determine levels of performance. Government guidance on the Regulations suggests that this could be a simplified system of appraisal based on the objectives of the assignment or an assessment made in feedback sessions between the hirer and temporary work agency.