Legislation Update – Agency Worker Regulations
Following an update of the Agency Worker Regulations 2011, effective from 1 October 2011, we detail below some pertinent facts relating to the legislation that you may find helpful.
- From 1 October 2011, once they have been in an assignment for 12 weeks agency workers’ relevant terms and conditions of employment must be no less favourable than they would have been if hired direct to do the same job.
- Breaks between assignments of more than six weeks will usually reset the qualification ‘clock’.
- The Regulations apply to working time, holidays and some types of pay.
- The Regulations exclude sick pay, maternity/paternity pay, redundancy, notice pay, payments related to pension entitlement, and bonuses not based on individual performance.
- Agency workers may have rights to access ‘collective facilities’ from day one of their assignment, which may include such amenities as a staff canteen, transport or a crèche.
- Agency workers may also have the right to be informed of any relevant internal opportunities for permanent employment.
In our download section on the right hand side of this page you will also find Agency Worker Regulations Guidance for your reference.
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