Draft guidance on Regulations extending employment protection to Agency Workers
January 4, 2011
The government has published draft guidance on the Agency Workers Regulations 2010 which come into effect on 1 October 2011.
The Agency Workers Regulations implement the EU Temporary Agency Workers Directive 2008/104. From 1 October temporary agency workers with a minimum of 12 weeks’ in the job will have the right to equal treatment with permanent workers in respect of basic working conditions.
The Regulations apply to:
- individuals who work as temporary agency workers
- individuals or companies involved in the supply of temporary agency workers, either directly or indirectly, to work temporarily for and under the direction of a hirer
They do not cover employment agencies which introduce workers to employers for direct or permanent employment.
Among other things the draft guidance explains and expands on:
- what arrangements fall outside the scope of the Regulations
- when the 12 week qualifying period is met
- what constitutes pay for the purposes of the Regulations, and
- when agency workers will be entitled to bonus payments
Final guidance is expected to be published by the end of April.
Draft Agency Worker Regulations Guidance
Previous article: New regulations to implement the Temporary Agency Workers Directive
For further information or to discuss the issues raised, please contact Guy Abbiss or Stephen Wright on +44 20 3051 5711
CELIA Alliance members are identified here. Members of the CELIA Alliance are each independent law firms and do not practice law jointly with any other member of the CELIA Alliance. “CELIA Alliance” and “CELIA” are not trading names. For more information about the CELIA Alliance click here.
Content is for general information purposes only. The information provided is not intended to be comprehensive and it does not constitute or contain legal or other advice. If you require assistance in relation to any issue please seek specific advice relevant to your particular circumstances. In particular, no responsibility shall be accepted by the authors or by Abbiss Cadres LLP for any losses occasioned by reliance on any content appearing on or accessible from this newsletter. For further legal information click here.
If you would like to copy or otherwise reproduce this article then you may do so provided that: (1) any such copy or reproduction is for your own personal use or if it is made available to any third party it is done so on a free of charge basis; and (2) the article is reproduced in full together with the contact details, disclaimer and any logos as they appear on each article.