Agency Worker Regulations 2010

The Agency Worker Regulations 2010 came into force on 1 October 2011. Under the new legislation temporary workers are entitled to receive the same pay and benefits as permanent staff employed at the place they carry out their assignment after just 12 weeks in a job.

The new legislation has caused concern among some smaller businesses who may be obliged to match certain elements of a permanent worker’s remuneration package such as bonus schemes, overtime and paid holiday. However, most benefits in kind do not have to be matched.

Primary responsibility for ensuring the correct pay is paid to the worker rests with the Employment Agency (EA) which supplies the worker. The hirer is responsible for ensuring it provides the agency with accurate details of its remuneration terms.

The regulations also give agency workers the right, from day one of an assignment, to the same access as permanent workers to certain facilities provided by hirers and information on job vacancies.

One important criteria of the legislation is the ‘12 week qualifying period’ – this is a period of 12 weeks of employment with one employer, regardless of hours worked. The 12 week period started from 1 October, any time worked before this is not counted as part of the 12 week qualifying period. This is when temporary staff will be entitled to the same pay and benefits as permanent staff. These include, but are not limited to:

  • Length of working time and night work
  • Rest breaks
  • Annual leave
  • Paid time off for ante-natal appointments
  • Elements of pay (with some specific exclusions)

If the regulations are breached either the hirer or the employment agency may be liable depending on who is responsible for the infringement.

To avoid breaching the regulations, employers must ensure that any agency workers they are hiring have access to facilities provided to the employer’s permanent workers (such as canteens, childcare facilities, etc.) and information on job vacancies. After 12 weeks, agency workers qualify for equal treatment relating to pay and other basic working conditions. Hirers must ensure that they have forwarded the relevant information to the EA in advance of this date, and EAs must ensure that agency workers are treated accordingly.

Last reviewed 29/11/2011

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