Changes to regulations covering agency workers take effect

The changes to the regulations covering agency workers have now come into effect.

It means that agency workers who fulfil the same role with a firm for 12 continuous weeks are entitled to the same basic employment conditions as employees.

The regulations apply even if the person only works for a few hours each week.

From the first day in a temporary role, agency workers must be given access to any collective on-site facilities which are available to comparable employees. These facilities include staff canteens, childcare, parking and transport. Temporary workers must also be given access to information on relevant job vacancies with the business.

Once the 12-week period is complete, the employer must also give more entitlements including salary, overtime pay, shift allowances, bonuses, lunch vouchers and annual leave.

These rights are in addition to those which temporary and agency workers already enjoy under the Working Time Regulations 1998.

However, special rules apply where a temporary worker has a permanent contract of employment with a temporary work agency and is available to work during a lull in positions.

The new rules took effect on 1st October and are not retrospective. If an agency worker was in place before that date, the qualifying period will still only begin on 1st October.

Please contact Paul Stevens if you would like more information.

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