Guidance on the application of the Agency Workers RegulationsMonday, April 11th, 2011
Temp agencies and employers are provided with draft guidance in advance of October implementation.
The European Agency Worker Directive requires that agency workers have the same basic working and employment conditions as they would have if they were employed by and doing the same job for the business for which they are working.
The Directive allows for a qualifying period of employment before this equal treatment is applicable on the basis of an agreement between social partners at national level. In May 2008, the CBI and the TUC agreed that equality of treatment would apply to agency workers after 12 weeks in a given job.
EU member states are required to implement the Directive by 5 December 2011. There were two consultations during 2009. The resulting Agency Workers Regulations 2010 were made on 20 January 2010 and come into force on 1 October 2011.
To prepare agencies, agency workers and hirers for the new rules, the Department for Business, Innovation and Skills (BIS) has published comprehensive guidance, initially in draft. This is not a consultation as the Regulations are already in place. However, feedback is sought from interested parties on any issues raised by the guidance, following which the final version will be issued.