Legal News

Agency Workers Regulations 2010 can make a big difference to businesses!

11/11/2011

From 1st October, a big change came into force which will affect businesses who take on temporary agency workers.
Such temporary workers will now potentially have the benefit of the same rights as permanent employees under the Regulations, which will apply to any person who has been engaged in the same job with the same “employer” for 12 consecutive weeks or more.
This change will affect areas such as pay, additional benefits, rest breaks, and annual leave, but will not extend to areas such as pension provisions and redundancy pay. An agency worker is now potentially entitled to have access to any facilities made available to other permanent employees (such as a staff cafeteria, car parking, mother and baby rooms, prayer rooms and crèche facilities). This does not mean that the employer has to provide enhanced benefits to agency workers, but has to offer them the same treatment as other permanent employees.
This means that all employers should review their current paperwork (such as staff handbooks), and would be best-advised to ensure that all agency workers are routinely provided with relevant induction information upon starting their role detailing those benefits/facilities to which they will be entitled.
Richard Moon commented: “The Regulations will have an impact upon all businesses who take on agency staff. If you are an employer, it is important to ensure that the new rules are adopted as part of your standard practices. If you fail to implement the new Regulations, you could be left liable as the direct “employer”, even though the agency worker is supplied through an employment agency.”
“There could be some big changes that are needed - you need to make sure, for example, that you have updated your internal paperwork, and that you have systems in place so that you advertise internally any new vacancies to both permanent staff members and temporary agency workers.”
Richard added: “Those taking on agency workers should also be aware of the anti-avoidance provisions which prevent the Regulations from being easily avoided.”
If these new Regulations could affect you, please contact Richard Moon, Head of our Employment team, to discuss matters.