Government Guidance on the Agency Workers Regulations 2010

The Department for Business, Innovation and Skills has published guidance on the Agency Workers Regulations which are due to come into force on 1 October 2011. These Regulations provide for: 

• Equal access of agency workers to facilities and to information relating to job vacancies from Day 1 of an assignment; and
• Equal treatment for agency workers after they have been on one assignment for 12 weeks. The 12 week period is based on 12 calendar weeks from the day the assignment commences and calendar weeks accrue irrespective of the number of hours worked that week.

Equal treatment means that agency workers have the right to the same basic terms and conditions of employment including:

• Pay;
• Duration of working time (i.e. where working time is limited to 48 hours per week);
• Rest periods;
• Rest breaks;
• Annual leave; and
• Paid time off for ante-natal appointments

The obligation to provide equal treatment is on the end user of agency workers and not the agency through which workers are engaged.

Click here for the detailed guidance.

For more information please contact a member of our employment team