Agency Worker Regulations
On the 1st October 2011 new rules and regulations were put in place for agency workers. Referred to as the “Agency Workers Regulations” or “AWR”, from this date agency workers will gain additional rights in pay and other benefits under the new rules.
Temporary staff employed via an agency will gain similar rights to full-time staff once they have completed 12 weeks of service doing comparable work. Under these new European directives there will be both “day one rights” and rights once the “12 week” qualifying period has been reached.
Day one rights – agency workers from day one of employment must (if the business offers these to permanent employees) have access to:
- Transport services or parking
- Shower rooms
- Prayer rooms
- On-site gym
- Access to information about internal vacancies and be given the opportunity to apply for them
After 12 weeks in the same role with the same employer, agency workers will be entitled to the same employment and working conditions as permanent staff including:
- Pay comparable to a permanent employee undertaking the same role
- Hours of work including rest periods
- Shift allowances
- Holiday pay
- Bonuses or commission attributable to individual performance
- Car allowance – but not a company car
- Maternity – (ante-natal appointments, reasonable time off, alternative work)
- Vouchers that have a transferable cash value – e.g. luncheon vouchers
This is not an entirely exhaustive list but would give a good overview of the changes and how this will impact businesses in the future.