The Agency Worker Regulations 2010Posted: 27.10.2011

On 1st October, the Agency Workers Regulations 2010 came into force. This legislation gives agency workers with 12 weeks of service the right to the same basic working and employment conditions as if they had been directly employed by you. We’ve provided you with the main information you need to know.

From Day 1:
Agency workers are entitled to access the same available facilities and information given to permanent staff, such as the canteen (dining area), and information on vacancies.

After 12 weeks in the same assignment (The Qualifying Period):
After completion of 12 weeks with you, an agency worker will be entitled to the same basic working and employment conditions as they would have been entitled to for the same job had they been recruited by the hirer directly at that time.

The 12 week qualifying period is not retrospective. So for any agency worker in a role prior to 1st October, their qualifying period commences from 1st October.

Terms and Conditions

For these purposes, relevant terms and conditions are those relating to:

• Pay
• Duration of working time
• Night work
• Rest periods
• Rest breaks
• Annual leave

In addition, specific provision is made for paid time off for ante natal appointments for pregnant agency workers and for alternative work (or pay) to be provided where they are unable to continue with an assignment for health and safety reasons.

For more information on the changes and the impact this will have on your organisation, contact us at Real People.