The Agency Workers Regulations 2010 (the Regulations) are due to come into force on 1 October 2011.
The effect of the Regulations will be to provide equal treatment for agency workers compared to permanent workers in terms of basic working and employment conditions once they have worked for the qualifying period of 12 weeks.
Basic working and employment conditions include pay (basic pay, overtime pay, shift or unsocial hours allowances, payment for annual leave, bonus or commission payments which are directly attributable to the amount or quality of work done by the individual) duration of working time, night work, rest periods, rest breaks and annual leave.
In addition, from the first day of their assignment agency workers will be entitled to:
- information about vacancies so that they have the same opportunities as other workers to find permanent employment;
- equal access to on-site facilities such as canteen or other similar facilities, child care facilities and transport services; and
- improved rights to protect the health and safety of new and expectant mothers.
If an agency worker thinks that the Regulations have been breached they will be able to bring a claim in the Employment Tribunal. If they are successful in their claim, the Tribunal will be able to make a declaration, order payment of compensation and/or make recommendations for action to be taken.
If you need further information in relation to the Regulations and how it affects your business, please contact rebecca.peterson@wansbroughs.com or 01380 733394.
