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Equal Rights for Agency Workers
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Posted in Candidates, Employers on Jun 21, 2011 by Richard Hayden
From the 1st October 2011 the Agency Workers Directive will be implemented in the UK. Giving agency workers equal rights comparable to permanent employees (after being in a given role with the same employer for 12 weeks).
What will change
Equal treatment will relate to basic working and employment conditions, such as;
pay; working hours; overtime; breaks; rest periods; holidays; and access to training and collective facilities, such as childcare.
Not included
It will not however include non-cash rewards such as pension provisions and occupational sick pay, nor will the regulations change the employment status of a temporary agency worker.
Who will this affect
As most business’ use agency workers to fulfill a temporary requirement, many business’ will remain unaffected. However local authorities will need to check how many of their agency workers may achieve the 12-week qualifying period.
The directive suggests that for the purposes of calculating the qualifying period, continuity will normally be broken by a break of six weeks between assignments in the same job, or when an agency worker takes up a new role with the hirer where the whole or main part of the duties in the new role are substantially different from the whole or main part of the duties in the old role.
However breaks between assignments due to a number of specified reasons, such as illness, maternity or pre-determined closure periods (e.g. school closures during holidays) will not break the qualifying period.
If you use agency workers within your business it would be wise to consider how and if the new regulations will impact on your business, and implement changes accordingly. If you would like further guidance on this or any other HR matter please contact our offices and we will be happy to help.
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What will change
Equal treatment will relate to basic working and employment conditions, such as;
pay; working hours; overtime; breaks; rest periods; holidays; and access to training and collective facilities, such as childcare.
Not included
It will not however include non-cash rewards such as pension provisions and occupational sick pay, nor will the regulations change the employment status of a temporary agency worker.
Who will this affect
As most business’ use agency workers to fulfill a temporary requirement, many business’ will remain unaffected. However local authorities will need to check how many of their agency workers may achieve the 12-week qualifying period.
The directive suggests that for the purposes of calculating the qualifying period, continuity will normally be broken by a break of six weeks between assignments in the same job, or when an agency worker takes up a new role with the hirer where the whole or main part of the duties in the new role are substantially different from the whole or main part of the duties in the old role.
However breaks between assignments due to a number of specified reasons, such as illness, maternity or pre-determined closure periods (e.g. school closures during holidays) will not break the qualifying period.
If you use agency workers within your business it would be wise to consider how and if the new regulations will impact on your business, and implement changes accordingly. If you would like further guidance on this or any other HR matter please contact our offices and we will be happy to help.
At Key Appointments we want to supply you with relevant and useful information, if there are topics you would like more information on then please email us at info@key-appointments.co.uk
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