The Agency Workers Regulations ("AWR") will come into
force on 1 October 2011, marking significant changes for temporary
agency workers, temporary work agencies and hirers.
Broadly, the AWR will give agency workers (who have completed a
qualifying period of twelve weeks in a particular role with the
same hirer) entitlement to the same basic employment and working
conditions as if they had been recruited directly by the
hirer.
The AWR also stipulate that from day one of any assignment, agency
workers have the right to be treated no less favourably than a
comparable employee in relation to the collective facilities and
amenities provided by the hirer, including for example, access to a
canteen, childcare facilities and the provision of transport
services.
In addition, agency workers will also have the right, from day one
of any assignment, to be informed of any vacant posts with the
hirer, in order to give them the same opportunities as other
workers within that organisation to find permanent
employment.
Agency workers will be able to enforce their rights in the
Employment Tribunal and penalties for non-compliance can be awarded
against hirers and/or agencies who are found to have breached the
provisions of the AWR.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
