Agency Workers: what should you do now?

On 1 October 2011, the Agency Workers Regulations 2010 came into force. The Regulations, which incorporate the EU Agency Workers Directive into UK law, provide certain new equal treatment entitlements in relation to facilities, information on vacancies, pay and other basic working conditions such as holiday and maternity leave.

Businesses who hire temporary agency workers through an agency need to:

• Review staff and requirements. Can alternative arrangements be made (such as direct recruitment, direct employment by a third party provider, or an "in house" pool of casual workers);
• Consider use of short-term assignments;
• Carry out a review of pay and benefits to permanent employees;
• Let agencies have up to date information on terms and conditions, so that they can ensure that an agency worker receives the correct equal treatment after 12 weeks in the same job;
• Consider the wording in any contract with an agency – for example, requiring agencies to produce a breakdown of the amounts paid to agency workers to ensure that the agency workers' pay complies with the Regulations. Businesses may also want to be clear that the payments made to the agency are sufficient to pay the workers their entitlement, and in the event the agency are subsequently found to be paying under that amount, the agency will indemnify the end user for the consequences of that breach;
• Ensure all agency workers can access your facilities from day one of their assignment – for example, arranging pass cards to sports facilities and canteen access and payment options where appropriate; and
• Ensure all agency workers have access to information on job vacancies within your organisation as soon as they join.

The Government has published non-statutory Agency Workers Regulations Guidance (Download the guidance document here). The Guidance is intended to help both hirers of agency workers and the recruitment sector understand the Regulations and their implications, but it is non-binding on tribunals so cannot give a definitive answer.

Read more on Agency Workers: what should you do now?, where we answer some of the questions Taylor Wessing's Employment Team is being asked about the Regulations.

For further information on the Agency Workers Regulations 2010, please contact John Plant or your usual contact at Taylor Wessing LLP.

Lawyers Sean Nesbitt, Rachel Farr, John Plant