Agency Workers – Update on new Legislation

On the 1st October 2011 the law changes to ensure that agency workers (sometimes called temps) are entitled to the same rights as those workers employed in a business.

This right applies to any agency worker who is engaged for 12 or more weeks on a particular assignment.

Agency Worker Rights

• From day one of the assignment agency workers are entitled to access to the same staff facilities (canteen, wash rooms etc) as other employees
• They are also entitled to any information relating to vacancies in the business
• After 12 weeks of service in the same role with a hiring organisation they have rights relating to equal pay, holidays, breaks, working hours etc and pregnant workers will be entitled to paid time off for ante-natal appointments

An agency workers is defined as someone who has a contract with an Agency, but works for a hiring organisation under their supervision.

To be an agency worker they must:

1. Have a contract with an Agency
2. The person is temporarily supplied to the Hirer by the Agency
3. When at work the worker is subject to the Supervision of the Hirer
4. The worker is not a business in their own right (e.g Consultant, Sub Contractor) and do not have a business to business relationship with the Hirer

A person will not be classed as an agency worker if they become directly employed by the employer; the worker arranges their own contract or there is no contractual relationship between the worker and the agency.

Information that Hirers should supply to Agencies

Under the new regulations organisations should supply any Agency they hire workers through with the following information:

• Details of pay (inc. the pay the worker would have received if the Hirer had employed them directly)
• Details of any overtime, shift allowance or risk allowances the organisation provides to employees in the same/similar roles
• Details of any bonus schemes they operate (including how the Hirer awards pay rises)
• If they offer vouchers that have a monetary value
• Details of their annual leave entitlements

Information that Hirers should supply to Agency Workers

Agency workers have a right to request information from Hirers in relation to day one and 12 week entitlements.  If a Hirer receives a written request from a worker they have 28 days in which to respond to that request.

It is good practice to provide agency workers with a statement explaining access to facilities, vacancies, pay and allowances when they start with the Hirer.  This statement can also explain any reasons as to why the agency worker is being treat differently to other employees.

Any reasons given for different treatment would have to be justified with a sound business reason for it.  Please note any reason could be challenged by a worker and so Hirers should be careful before making any decisions to treat agency workers differently.