If you hire temporary agency workers you need to be aware of The Agency Workers Act 1st October 2011
THE BACKGROUND
The AWR are based around equalisation of pay and rights between agency workers and permanent workers and will come into force on 1 October 2011. Their objective is to ensure that agency workers receive the right to the same basic working and employment conditions as those in the equivalent permanent job recruited directly by their host organization.
The legislation gives Agency Workers entitlement to the same basic employment and working conditions as if they had been recruited directly, if and when they complete a qualifying period of 12 weeks in the same job. Most businesses will need to know what the Regulations mean for them. Agency workers make up some 4% of the UK workforce. If you are an employer and hire temporary agency workers through a temporary work agency (TWA), you will be required to provide your agency with up to date information on your terms and conditions so that they can ensure that an agency worker receives the correct equal treatment, as if they had been recruited directly, after 12 weeks in the same job. You will also be responsible for ensuring that all agency workers can access your facilities and are able to view information on your job vacancies from the first day of their assignment with you.
IF YOU DON’T COMPLY. The Employment Tribunal will assign the liability to whichever organisation(s) it decides has caused the disadvantage to the worker. If the agency can show that it has made all reasonable efforts to establish and apply equal treatment, then the liability will lie with the hirer or some other part of the chain. Failure to provide the day 1 entitlements lies solely with the hirer.
This is an important shift in the responsibility placed upon employers. If you need advice please contact us.
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