Agency workers or "temps" are workers who are engaged by an end user through an agency or employment business. They are often engaged for fixed periods however they can often end up working in a business for significant amount of time. The Agency Workers Regulations 2010 came into force on 1st October 2011 and they gave greater legal rights to "temps".
In summary, The Agency Workers Regulations 2010 provide that agency workers have the right to the same pay and other "basic working conditions" as equivalent permanent staff after a 12-week qualifying period. These conditions can include:
- Pay, including basic pay and overtime pay but excluding occupational sick pay
- Some types of bonuses
- Night work
- Rest breaks
- Annual leave
Agency workers must also be allowed access to collective facilities and to information about employment vacancies from day one of their assignment. Collective facilities may include a canteen, a workplace creche, certain transport services, car parking and common room facilities.
In order to enforce Agency Worker Regulations 2010, agency workers should start by making informal or formal requests for further information from their agency or the hiring business if the agency does not respond. The "temp" will then have further recourse in the Employment Tribunal if required, but the regulations encourage the workers to follow certain procedures before a claim is issued.
If you would like further information on any aspect of the employment of agency workers and temps, please contact our team.
If you would like to get in touch with our employment team, please contact us on 020 7234 0200 or firstname.lastname@example.org
Partner, Employment Law
Anthony offers succinct and practical advice to both businesses and individuals on various issues including redundancies, unfair and wrongful dismissals claims, unlawful discrimination, grievance and disciplinary procedures, TUPE, staff handbooks, contracts of employment, restrictive covenants and their enforcement, settlement agreements and the employment aspects of corporate reorganisations or sales. Read more...
Associate, Employment Law
Matthew handles all types of employment matters. He represents and advises employees and employers on issues involving whistleblowing, discrimination, redundancies, unfair and wrongful dismissal, TUPE, Working Time Regulations, restrictive covenants and settlement agreements. Read more...