Draft guidance on Regulations extending employment protection to Agency Workers

Posted on 4th January, 2011

Estimated reading time 2 minutes

The government has published draft guidance on the Agency Workers Regulations 2010 which come into effect on 1 October 2011.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
  • hirers

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Among other things the draft guidance explains and expands on: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