From the 1 October 2011, the Agency Workers Regulations 2010 (the Regulations) will give agency workers working in England, Scotland and Wales new equal treatment rights. This means that when you are taken on by an agency and supplied to work for the agency’s client (the hirer) you will be entitled to work under the [...]
The Regulations refer to an agency worker as: an individual; who is supplied by a temporary work agency to work temporarily under the supervision and direction of a hirer; and who has a contract of employment with the agency, or any other contract with the agency to perform work or services [...]
If you are engaged via an umbrella company or other intermediary you will still be deemed to be an agency worker under the Regulations unless you are genuinely self-employed.
From day one of an assignment, as an agency worker, you will be entitled to the following two rights: i. The right to access information on job vacancies The hirer you are working for must inform you of any relevant job vacancies in their organisation and ensure that you have the same access as other [...]
On completion of the 12 week qualifying period, as an agency worker you will be entitled to equal treatment in respect of basic working and employment conditions relating to: pay duration of working time night work rest periods rest breaks annual leave [...]
If you are a pregnant agency worker you will be entitled to paid time off to attend pregnancy related medical appointments and antenatal classes once you achieve the 12 weeks’ qualifying service. You will need to show the agency your appointment card or other proof of appointment (except for the first appointment). In addition, if [...]
After you have worked for 12 calendar weeks in the same role with the same hirer you will be entitled to equal treatment irrespective of your working pattern (e.g. full time or part time) and irrespective of which or how many agencies supplied you to do the same role at the hirer. Any time worked [...]
8. What if I want/need to take some time off work, will this mean I have to start my 12 week qualifying period again?
The qualifying period will be paused (rather than stopped) if you take: a break (for any reason) of 6 weeks or less and then return to the same role with the same hirer certified sick leave for no more than 28 weeks time off during periods where the hirer does not require you to work [...]
9. What if I’ve already worked for the same hirer for 12 weeks when the Regulations come into force in October?
The Regulations are not retrospective. Therefore any time spent on an assignment up to and including 30 September 2011 will not count towards your qualifying clock. The earliest date you can qualify for equal treatment is 25 December 2011 subject to any breaks you take.
Your agency may ask you to give them details of previous assignments that you have completed. If they do so, you are not under a statutory obligation to provide them with such information, but if you do not, they will not be able to ensure that they provide you with equal treatment rights. Also, please [...]