Portfolio Payroll is committed to ensuring best practice and compliance with legislation in relation to its workers. With that in mind we are pleased to be able to provide an overview of the Agency Worker Regulations 2010.
The Agency Worker Regulations 2010 came into effect on the 1st October 2011. The regulations are designed to give agency workers the right to no less favourable treatment than comparable employees in relation to basic employment and working conditions providing they meet the qualifying criteria.
An agency worker is an individual who works via an Employment Agency under the temporary employment and supervision of a hirer, therefore the legislation also covers workers who are operating via a Limited Company if they are not providing a true’business to business’ service.
There are some rights to equal treatment that the agency worker will be entitled to from Day 1 of their assignment. These rights include access to collective facilities and amenities; and access to information about job vacancies
Basic pay & conditions
However certain rights only apply once the agency worker has met certain qualifying criteria. These are the basic pay and conditions which generally relate to:
- Pay (including any sums payable to a comparable worker in connection with their employment, including any fee, individual bonus, commission, holiday pay or other employment benefit whether payable under contract or otherwise, pay and benefits structures and performance assessment processes);
- Annual leave entitlement.
- Rest periods/rest breaks – if not offered from day one of the assignment.
To qualify for equal treatment in relation to basic employment and working conditions, the agency worker must first complete a 12 week qualifying period. This is 12 weeks working in the same job for the same client regardless of how many hours are worked each week. In certain situations the qualifying period can be ‘paused’ or alternatively may continue to accrue despite the agency worker’s absence; for example absence due to sickness or jury service will pause the qualifying period, however in the cases of maternity leave the period will continue.
The Agency Worker Regulations also allow pregnant workers to receive paid time off for ante natal appointments after the 12 week qualifying period.
The above is by no means a definitive explanation of the Agency Worker Regulations 2010, but is intended as an overview and a basic guide for our clients and candidates alike.
For further information on AWR please contact us on 0207 247 2882.
Full information including Government advice and guidelines on the legislation can be found on the Department for Business, Innovation & Skills website.