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An employer's guide to the Agency Workers Regulations

Agency Workers Regulations

The Agency Workers Regulations 2010 came into force on 1 October 2011. The regulations give agency workers the same basic employment conditions after 12 weeks working for the company in the "same role" as those that would have been applied if they were recruited directly by the hirer.

From day one of the temporary assignment the worker is entitled to the same access to job vacancies as permanent members of staff and collective facilities such as staff canteens, childcare facilities and transport services.

Here you can find all the latest news and guidance on the Agency Workers Regulations.

 

What's included

  • Basic pay
  • Annual leave
  • Rest breaks
  • Bonuses linked to performance
  • Access to job vacancies (day one)
  • Access to communal facilities (day one)

 

What's not included

  • Genuinely self employed workers
  • Bonuses for loyalty or long-service
  • Occupational pensions or sick pay
  • Financial participation schemes

What does "same role" mean?

An agency worker works in the same role unless the agency worker moves to a different hirer, or starts a new role with the same hirer in which work or duties are "substantively different" to those in the previous role.

Source: The Recruitment and Employment Confederation