Final guidance published on new rights for agency workers

Agency workers are to be given the same basic employment rights as employees hired directly by the employer after new regulations come into force on 1 October 2011. The Government has published final guidance on the regulations to prepare agencies and employers.

The new regulations are called the Agency Workers Regulations (AWR) and were the brainchild of the former Labour Government, the TUC and the CBI (Confederation of British Industry). The parties reached an agreement to give agency workers the same basic employment rights as standard employees once they had completed a twelve-week qualifying period.

The Conservatives, prior to the general election, said they were “very concerned” about the AWRs as the qualifying period was not set out in the European Agency Workers Directive. In addition, they were concerned about the lack of consultation with the industry, agencies and Parliament.

However, in October 2010, the new Government announced that they would not amend the AWRs and the Regulations were given the go ahead.

Once implemented, the AWRs will give agency workers the same rights to pay, annual leave, overtime, rest breaks, duration of working time, and paid time off for ante-natal appointments once they have completed a twelve-week qualifying period with the employer.

In addition, agency workers will be entitled to access to collective facilities from the first day of their assignment. Collective facilities include prayer rooms, canteens, child care facilities, showers, car parking, and staff common rooms.

Agency employees will also be entitled to access internal job vacancies from their first day once the AWRs are implemented in October.

The Government has issued the final guidance with the aim of preparing the hirers of agency staff and the recruitment sector as a whole on the application and implication of the new Regulations. The guidance informs agencies who provide agency staff and employers on their responsibilities under the AWRs.

The employment relations minister, Edward Davey, said the guidance had been compiled in collaboration with “key organisations” to ensure everyone is prepared for 1 October.

If employers are uncertain of the changes that will be brought in under the AWRs and want to know about their responsibilities, Job Justice can put them in touch with a local and recommended expert employment law solicitor.