The purpose of the Agency Worker Regulations is to provide temporary workers with equal treatment in terms of basic working and employment conditions as if they had been employed directly to do the same job. The Agency Worker Regulations are the most important legislation to affect the recruitment industry since the Conduct of Employment Agencies and Employment Businesses Regulations came into force in 2003. It is imperative that we support our clients to ensure they are ready for the Agency Worker Regulations. The rights will apply after a 12 week’ qualifying period.

Following the 12 week’ qualifying period, the temporary workers will be entitled to equal treatment, including; pay, working hours, overtime, breaks, holidays and access to training and collective facilities. If you are on paternity/maternity leave then equal treatment does not apply.

After 12 weeks candidates have the right to equal treatment, this only applies to terms and conditions that include working time, holidays and pay, such as

  1. Duration of working time
  2. Overtime and night work
  3. Breaks and rest periods
  4. Holidays and public holiday pay
  5. Collective facilities

This does not include the following:

  1. Occupational sick pay
  2. Maternity/Paternity Pay
  3. Redundancy and notice pay
  4. Pension payments entitlement
  5. Bonus types not performance related
  6. Profit share schemes
  7. Season ticket loans or car allowance

If you have any questions surrounding The Agency Worker Regulations, then our recruitment experts will be more than happy to answer any questions you may have, please do give us a call on 0330 113 3313.

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