Agency Workers Regulations

Agency Workers Regulations

At AHACCOUNTANTS, we recognize the importance of understanding the Agency Workers Regulations and how they impact both employers and workers. If you’re an employer in the Nottingham area, we’re here to help you navigate the implications of these regulations effectively.

Key Overview

Since October 1, 2011, the Agency Workers Regulations have established that agency workers are entitled to receive pay and basic working conditions equivalent to those of directly employed staff after completing a 12-week qualifying period.

Guidance for Employers

As an employer or hirer, you need to be aware that if an agency worker is with you for less than 12 weeks, a break of more than six weeks between assignments will mean they won’t receive the equivalent rights.

Impact of the Regulations

While most responsibilities, risks, and liabilities fall on the agencies, they are likely to pass on costs through higher fees. If you hire staff for more than 12 weeks, you should anticipate increased hiring costs and the need to monitor how long agency workers have been with you.

Key Terms Defined

In the context of these regulations, we often refer to the following:

• Temporary Work Agency: The agency providing the workers.
• Agency Worker: The individual supplied by the agency.
• Employer/Hirer: The entity where the agency worker is placed.

While we use “Employer/Hirer” for simplicity, please note that the legal terminology may differ.

Rights of Agency Workers

From their first day on the job, agency workers have the right to access collective facilities, such as canteens, childcare, and transport services. They should also have access to information about all job vacancies within your organization.

After the 12-week qualifying period, agency workers gain additional rights, including equal treatment in terms of:

• Key elements of pay
• Duration of working time
• Night work
• Rest periods and breaks
• Annual leave
• Paid time off for antenatal appointments for pregnant workers

If certain entitlements kick in after a specified service period, such as additional annual leave after one year, the clock starts only after one year plus the initial 12 weeks.

Qualifying Clock

The Qualifying Clock illustrates how time is measured regarding these rights:

• The clock resets to zero if an agency worker starts a new assignment or takes a break longer than six weeks.
• It pauses during breaks of no more than six weeks or up to 28 weeks for sickness or injury.
• It continues to run during pregnancy, maternity, or paternity leave.

Identification of Pay and Working Conditions

Equal treatment means agency workers should have access to the same basic working conditions as directly employed staff. This includes salary, holidays, and benefits as defined in standard contracts or collective agreements.

Included in Pay:

• Basic salary
• Overtime
• Shift or unsocial hours allowances
• Annual leave payments
• Bonuses or commission

Not Included:

• Occupational sick pay
• Redundancy or notice pay
• Most benefits in kind

Working Time and Holiday Entitlements

In addition to their rights under the Working Time Regulations 1998, agency workers gain equal rights for working time, night work, rest periods, breaks, and holiday entitlements after the 12-week period.

Pregnant Workers and New Mothers

After the qualifying period, pregnant workers are entitled to paid time off for antenatal appointments. If they cannot continue their current role, the agency must find them alternative work. If no work is available, the agency should compensate them for the remainder of their expected assignment.

Information Required by Agencies

To comply with the Agency Workers Regulations, agencies need specific information from employers before an assignment begins. This includes details about the role, responsibilities, pay structure, and any health and safety risks.

Liability and Remedies

Ultimately, the responsibility for providing entitlements falls to the Employer/Hirer. Claims related to basic working conditions could be directed against either the Employer/Hirer or the Agency, depending on the nature of the breach.

If disputes arise, they may be resolved through grievance procedures or an Employment Tribunal, which can award compensation or recommend corrective actions.

How We Can Help

If you’re an employer in Nottingham or the surrounding areas and want to understand the implications of the Agency Workers Regulations for your business, please reach out to us at AHACCOUNTANTS. We’re here to provide the guidance you need.