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Agency Workers Regulations 2010

Tracy WalshDiploma in Employment LawJuly 2011

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Why bother??

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The Regulations

• Come into force on 1st October 2011

• The regulations will give agency workers the entitlement to the same or no less favourable treatment as comparable employees with respect to basic employment and working conditions, if and when they complete a qualifying period of 12 weeks in a particular job – ACAS Advice & Guidance

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In reality?

• Not retrospective

• Access to facilities and job adverts from day 1

• After 12 week qualifying period, pay and other basic working conditions

• Not dependant on full time hours

• The ‘Qualifying Clock’

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How does the ‘clock’ work?

• Reset to zero:

• New assignment with a new hirer

• Same hirer but no longer in same role

• Break of more than 6 weeks with same hirer

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‘Pause’

• A break for any reason no more than 6 weeks, same role and hirer

• Up to 28 weeks due to injury or illness

• Taking entitled leave

• Up to 28 weeks for jury service

• Planned shutdown

• Lock out, strike or other industrial action

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‘Ticking’

• Pregnancy, childbirth or maternity

• Maternity leave, adoption leave or paternity leave

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Establishing Equal Treatment

• Not required in all T&C’s

• No comparator needed?

• Liability rests with hirer

• Remedy – ET

• Does not override NMW or Working Time Regs

• In-house bank staff - Fixed Term Employee Regs 2002