New rights for agency workers from October
Employment Law & HR update 30/09/2011
From 1st October, agency workers will get new workplace rights.
If your business uses agency workers on any basis you need to know
how the new regulations could impact on your business so you can
plan accordingly.
What new rights will agency workers have?
The new rules are the result of an EU-wide requirement and
include: “Day one” rights; and
Rights after 12 weeks’ continuous
work
Day one rights
From the moment they start work in your business, agency workers
will have the right of access to any facilities you offer to
permanent staff. These include works canteens, childcare or car
parking facilities. They will also have the right to be notified of
any relevant job vacancies.
Rights after 12 weeks
After 12 weeks in the same job, agency workers will be entitled
to many of the same terms and conditions as comparable permanent
employees. The terms and conditions include: basic pay; overtime
and allowances; rest breaks; holidays and some bonus and commission
arrangements. However, they do not include occupational sick pay,
enhanced maternity, paternity and adoption pay, redundancy pay or
pension arrangements.
What are the implications for my business?
In many cases, there will still be good business reasons for
using agency workers. The important thing is to understand your
options and the implications for your business.
Note that the new rules don’t mean that agency workers will
automatically become employees of the hiring business - the law on
this is unchanged.
What should I do now?
You must review the use of agency workers within your business
in order to comply with the new law. Then, you need to consider
whether, and how, you use agency workers to meet your business
ambitions.
Do it now!
- Check if you currently have any agency workers in your
business
- Review any rules about agency workers’ use of workplace
facilities, such as canteen, car parking and transport
facilities
- Put procedures in place to notify agency workers about
job opportunities
- Review the use of individual agency workers before 12
weeks' service is attained
- Ensure your line managers understand these new
requirements.
Plan to do
- Consider how your business uses agency workers and how often
they are hired for over 12 weeks
- Compare the costs and benefits of agency workers against
permanent staff in the light of the new rules
- Discuss the options and costs with the employment agency you
use
- Key points
- From 1 October, agency workers are entitled to certain day-one
rights including access to facilities and to permanent employment
opportunities
- After 12 weeks' service, agency workers become entitled to
equivalent terms and conditions as permanent staff, with some
exceptions.
- Exceptions include occupational sick pay, maternity, paternity
and adoption pay, redundancy pay, and pension schemes
- The 12-week qualifying period for equivalent terms and
conditions does not start running until 1st October 2011.
If you would like further information, and already
subscribe to
NatWest
Mentor,
please call the Advice Service. If you
would like more information on how Mentor could help your business
in situations like this and many others, contact us today for
information.
Next story - Social Networking: Employee
conduct online
Previous story - New waste transfer rules
rolled out