The new Agency Work Regulations come into force on the 1st October 2011 and apply to Temporary Workers a Company has hired through an Agency.  Davies and Partners' employment team provides an overview.

From Day 1:
- Workers have the right to the same facilities as the Company’s permanent employees, this includes childcare and transport arrangements.
- Workers must have all the information about any job vacancies so that they can apply in the same way as all other employees.

After 12 Weeks:

Workers who have clocked up 12 continuous weeks on assignment in the same role, whether that be on a full or part time basis, must be given the same basic employment terms and conditions as staff who are hired directly by the Company.

A break between assignments of at least 6 calendar weeks or if the worker takes up a totally different role will allow the Company to start the clock again. However there are some exceptions to this rule which will effectively ‘pause the clock’ until the Worker returns to work such as Christmas shut down periods and sickness absence of up to 28 weeks.

This includes:
- Pay including overtime and shift allowances
- Bonuses based on an individual’s work performance
- Holidays and holiday pay
- Working hours including breaks
- All the same protection for pregnant workers including paid time off for ante natal appointments and a risk assessment being carried out by the Employer. Please note however that a pregnant worker would not have the right to return to the job after maternity leave.

This does not include:
- Bonuses that are based on Company performance
- Expenses
- Company pension schemes
- Health or Life Insurance
- Share Options schemes
- Company enhanced Maternity, Paternity and Adoption pay
- Both statutory and contractual redundancy pay
- Notice Pay.

For further information please contact either Nigel Tillott, Gareth Price or Rebecca Byczok at Davies and Partners Solicitors on telephone number 01452 612345.