NEW LAWS APPLY TO ALL AGENCY WORKERS.

With over 1.1 million agency workers in the UK and almost one in four public and private sector employers planning to increase their use of temporary labour, the Agency Workers Regulations 2010 are likely to have a big impact.

Due to come into force on 1st October 2011, the Regulations apply to agency workers finding temporary work through a specialist agency, with those directly affected being a 'temporary work agency', 'agency worker' and 'hirer'. They entitle an agency worker to the 'same basic working and employment conditions as if they had been recruited by the hirer'.

The agency worker must compare themselves with the directly recruited 'comparator' at the hirer's organisation and identify relevant terms and conditions particularly pay, bonuses, commission and overtime, the length of night work, breaks and annual leave.

The right to equal treatment does not apply until an agency worker has undertaken the same role with the same hirer for 12 continuous weeks.

As a guide, practical steps to help prepare for the Regulations:
For hirers:

• Whether to use agency workers at all?
• Ensuring agency workers never pass the 12 week qualification;
• Moving to direct recruitment;
• Engaging in-house workers through a 'bank';
• Increasing the use of self-employed workers or managed service contracts;
• Removing the 'comparator';

• Amending terms and conditions and imposing obligations on hirers;
• Have a written policy for hirers on Agency Workers Regulations;
• Consider how to request information from hirers at the outset e.g. basic working and employment conditions;
• Providing written descriptions of the agency workers duties.

To download Challinors Guide to the Agency Workers Regulations please fill out the form below and click submit.