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Useful Guidance on Agency Workers Regulations photo_of_hayley_at_desk_2

The Government has published guidance on the Agency Workers Regulations 2010, whcih took effect on 1st October 2011.  Hayley Bloodworth, Managing Partner with Proactive Employment Lawyers, explains the Regulations and the guidance:

"The Regulations are designed to give temporary agency workers the right to equal treatment in comparision to permanent workers.  But it is only 'equal treatment' in relaton to basic working conditions, such as pay, working time and annual leave.  The 'equal treatment' rule does not extend to things like occupational sick pay, redundancy pay or notice pay."

The Agency Workers Regulations 2010 implement a EU Directive; and are subject to a 12-week qualifying period.  Temporary agency workers do not gain the same rights as permanent workers until they have been in the job for 12 weeks.  There are, however, certain rights which apply from Day 1 of the assignment, such as the right to be told about any vacancies at the hirer during the assignment.

"The guidance is helpful", says Hayley. "It covers things like what arrangements fall outside the scope of the Regulations; and when the 12-week qualifying period is met - not as easy a question as it might first appear! The guidance also covers what constitutes 'pay' for the purposes of the Regulations."

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