How to employ agency temps as permanent members of staff

Author: Claire Birkinshaw

Summary

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• Be aware that an agency must let you know in advance whether an agency worker is employed by it under a contract of employment or one for services.
• Take into account that the circumstances in which employment agencies may charge transfer fees are regulated.
• When considering offering an agency worker a permanent position, examine the terms and conditions of business of the agency, particularly those clauses relating to transfer fees and extended hire periods.
• Be aware that an agency worker may be held to be your employee under an implied contract of employment and that this will have an effect on the calculation of continuity of service if the agency worker is offered a permanent post.
• Consider a break in service of at least two weeks between the end of the temporary assignment and the start of permanent employment.
• Remember that an employee is entitled to receive a written statement of terms and conditions of employment by the start of their permanent employment.