Amendment to Agency Workers Regulations

 

 

PPMA WEBSITE EMPLOYMENT LAW UPDATE August 2011 (3)

 

 

As HR professionals will be aware, the Agency Workers Regulations 2010 will come into effect on 1 October. These will give temporary agency workers the right to equal treatment with regard to basic working and employment conditions in comparison with permanent workers, once they have completed a 12 week qualifying period in a particular assignment.

 

The Government has recently published some amendments to the Regulations, as set out in the Agency Workers (Amendment) Regulations 2011. These cover the following points:

 

  • An amendment to the definition of an agency worker to someone who has a contract of employment or “any other contract with the agency to perform work or services personally”;

 

  • A change to the provision within the Regulations concerning the so-called “Swedish derogation” – this relates to the situation where an agency offers a worker a permanent contract of employment that is paid between assignments;

 

  • Change to the provision relating to the liability of the temporary work agency and hirer for breach of the agency worker’s right to equal treatment.

 

 

The Amendment Regulations can be found at  www.legislation.gov.uk/uksi/2011/1941/contents/made