Agency workers

Original author: Kerry Viner
Updating author: Stephen Chegwin

Brightmine editor: Zuraida Curtis

Summary

• The requirements of the intermediaries legislation (IR35) may affect employment agencies and businesses. (See Off-payroll working: IR35)
• The Agency Workers Regulations 2010 (SI 2010/93), which implement the Temporary Agency Work Directive (2008/104/EC), came into force on 1 October 2011. (See Legislation affecting the use and supply of agency workers)
• The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (SI 2003/3319) regulate the conduct of employment agencies and employment businesses. (See Conduct of Employment Agencies and Employment Businesses Regulations 2003)
• Under the Agency Workers Regulations 2010, agency workers have the right to equal treatment in relation to collective facilities and amenities and the right to be given the same information about "relevant vacancies" as comparable workers. (See Rights in relation to collective facilities and amenities and Right to be informed of relevant vacancies)
• Following the completion of a 12-week qualifying period, agency workers are entitled to equal treatment in relation to "basic working and employment conditions" including pay, working time and holiday. (See Equal treatment in relation to "basic working and employment conditions")
• On or before 30 April 2020, hirers must provide agency workers who were subject to the "Swedish derogation" with a written statement about their rights. (See Repeal of the "Swedish derogation" and requirement for written statement by 30 April 2020)
• To be entitled to equal treatment in relation to "basic working and employment conditions", an agency worker must work in the same role with the same hirer for a 12-week qualifying period. (See Qualifying period)
• Where a hirer or a temporary work agency structures an agency worker's assignments in a way that prevents the agency worker from completing the 12-week qualifying period, the agency worker is treated as having completed the qualifying period. (See "Anti-avoidance" provisions)
• On completion of the 12-week qualifying period, agency workers become entitled to certain family-friendly rights. (See Family-friendly rights)
• An agency worker may request certain information from the hirer and/or temporary work agency. (See Right to receive information)
• A hirer and/or or a temporary work agency can be liable for breach of the Agency Workers Regulations 2010, depending on the nature of the breach. (See Liability and remedies)