Clarkslegal LLP - Solicitors in Reading and London

Legal Updates

Don`t let your company be confused by the Agency Worker Regulations

02 August 2011 #Employment

According to a survey of HR professionals by recruitment company Adecco, many employers do not understand the changes which the Agency Workers Regulations will implement in two months time (on 1 October 2011).

The regulations will award agency workers many of the same employment rights as permanent employees once they have been engaged for 12 weeks. Other rights, such as access to amenities and facilities and the right to be informed of permanent vacancy accrue from day one.

Almost a quarter of the survey`s respondents were not aware of the 12 week qualifying period, incorrectly believing that all of the agency workers rights commenced from the first day of the assignment.

Other common misconceptions included that temporary workers would be entitled to the same benefits in kind and company bonuses as their permanent counterparts. In fact, the regulations only provide that the worker should receive the same "basic terms and conditions", meaning: pay - including holiday pay, shift allowances, overtime and individual performance bonuses; length of working time; rest periods; rest breaks; and annual leave. Sick pay, pensions, maternity/paternity/adoption pay, redundancy payments and bonuses not based on individual performance are not covered.
Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

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