The agency Workers Regulations will come into force in England, Scotland and Wales on1st October 2011.
The Regulations stem from the EU Temporary workers Directive 2008 which gives agency workers the right to the same pay and other working conditions enjoyed by a hirers own workers. Importantly, the regulations do not alter an agency workers employment status. i.e. they do make an agency worker an employee of either the hirer or the agency. Whilst in other parts of the EU, this right to equal treatment comes into effect from day one of an assignment; the UK has secured a derogation period of 12 weeks. This means that an agency worker will only be entitled to equal treatment once he/she has completed 12 weeks of service in the same role with the same hirer. (There are two exceptions, relating to access to the clients facilities and information on vacancies with a client, which apply from day one of an assignment)
Final guidance has now been published, please go to www.businesslink.gov.uk to view full guidance.
We will be holding a mini seminar early in January when we will discuss the changes and how they have affected your business, if at all, in the meantime, should you have any queries on the AWR, please dont hesitate to call Julie on 01492 530 782.