Protecting you, protecting people

The Agency Workers Regulations will be the most significant piece of legislation to have ever impacted the temporary recruitment industry. Ensuring our clients are fully informed about the Directive and fully supported in dealing with it is essential to us.

Smart Solutions will deliver a method that encompasses what the regulations are trying to achieve, while still offering clients a realistic solution to their flexible worker needs. We also guarantee to monitor your business to ensure that you are always fully compliant with the regulations.

Agency Workers Regulations - 1 October 2011

The Agency Workers Regulations 2011 will come into force in England, Scotland and Wales on 1st October 2011.

The Regulations will give agency workers the right to the same basic working conditions and certain employment conditions as they would receive if they were engaged directly.

Qualifying Period

An agency worker will only be entitled to equal treatment after 12 weeks of service, in the same role with the same hirer.

An agency worker does not have to work for 12 consecutive weeks via the same agency to qualify for equal treatment. The 12 weeks can be accrued over a much longer period of work and through more than one agency.

The qualifying period will continue if theworker takes a break which is related to pregnancy, including maternity, paternity or adoption leave.

Equal treatment after 12 weeks

The entitlements include:

  • Pay
  • Duration of working time
  • Night work
  • Rest Periods
  • Rest breaks
  • Annual Leave
  • The definition of pay includes holiday pay, shift allowances, unsociable hours premia
  • Overtime rates, vouchers with a fixed monetary value, stamps and bonuses directly related
  • To quantity and quality of the work carried out

What is not included:

  • Pension
  • Occupational sick pay
  • Contractual maternity, paternity and adoption pay
  • Health Insurance
  • Redundancy payment
  • Financial participation schemes
  • Bonuses linked to long service/paid to encourage loyalty
  • Statutory minimum notice periods on termination of employment

Day One Rights

From the first day of an assignment an agency worker is entitled to:

  • Access to existing vacancies within the organisation
  • On site facilities such as a crèche, canteen and car park

Avoiding the regulations

Anti-avoidance measures have been placed into the regulations to prevent hirers and agencies from devising structures to avoid agency workers from reaching the 12 week period. Failure to comply could result in financial penalties of up to £5000 per incident.

What next?

As part of Smart Solutions on going commitment to providing the best possible service, we offer a free Agency Workers Regulations review provided by a fully trained Agency Workers Regulations consultant.

If you're interested in this free review please contact us for more information.