Agency Workers Regulations 2010 Neil Emery October 2012

1. Agency Workers Regulations 2010Neil EmeryOctober 2012

2. Agency Workers

3. Agency Workers

4. Agency Workers 1 October 2011

5. Day one rights • Collective facilities • Information about employment vacancies

6. Rights after 12 weeks • Same pay and basic working conditions as equivalent permanent staff

7. Qualifying period • 12 weeks in the same role (ignoring change of agency) • No minimum amount of work to be completed • “In the same role” - change of position requires re-qualifying • The whole or main part of the role must be “substantively different” • Agency must notify worker of new role in writing • Breaks between assignments of less than six weeks e.g. if returning to a role

8. Qualifying period • Breaks beyond six weeks preserving continuity: • sickness up to 28 weeks • temporary cessation of work • jury service • statutory or contractual entitlement to time off • strike / lock out • Pregnancy or adoption leave breaks count towards the qualifying period • Once qualified, the worker remains eligible for equal treatment until broken

9. Anti-avoidance • Worker has completed two or more assignments with a hirer • Worker has completed one or more assignments with a hirer with hirers associated with that hirer • Worker has worked in more than two different roles with the hirer

10. Agency Workers So the implications are: • Higher agency costs • Less experienced agency workers • If a deliberate attempt to frustrate or prevent qualification, employment tribunal can award compensation of up to £5,000 (minimum 2 weeks’ pay)

11. Action Points • Audit of agency staff • Skills matrices • Standard terms and conditions of employment, pay scales and annual leave entitlements • Mechanism to keep track of agency workers

12. Action Points • Short assignments (of no more than 12 weeks) • Roles with no directly recruited comparator • Swedish derogation?

13. Contact • Neil Emery01622 698047neilemery@whitehead-monckton.co.uk