We’ve had another great month at Asset Resourcing.
Last month’s blog post was on recruiting and retaining the best talent and we have already spoken to quite a few of our clients who are concerned they’re not doing enough.
This is yet another example of why Asset Resourcing is one of the most talked-about recruitment agencies in Hertfordshire. We listen to what our clients say and respond.
This month, we’re going to run you through the basics of the new Agency Worker Regulations 2010 that came into force on 1st October 2011. The aim of this guide is to help you as hirers of agency workers, and us, the recruitment sector, to understand our individual responsibilities and the implications of the new legislation.
It’s important to note here that this blog post is intended as a guide only. If you need further information or clarification, please call us and we’ll be more than happy to explain.
What the Agency Worker Regulations 2011 means to you
Temporary and contract workers provide real-time flexibility as a labour resource forUKindustry and all agency workers (classed as ‘workers’ rather than ‘employees’) are entitled to certain rights, including –
- Paid annual leave
- Rest breaks and limits on working times
- National Minimum Wage
- Discrimination rights under the 2010 Equality Act
- Health and safety at work
The new regulations give agency workers the entitlement to the same (or no less favourable) treatment than ‘comparable employees’ in respect to basic employment and working conditions as and when they complete a qualifying period of 12 weeks in the same job.
In essence, you will get parity in pay and employment conditions as you would be entitled to had you been recruited directly by the hirer themselves.
Who is covered?
Who isn’t covered?
These regulations don’t cover the self-employed, those working through their own limited liability company or those working on managed service contracts.
In addition, they won’t change the employment status of agency workers who still don’t have the right to claim unfair dismissal, redundancy pay or maternity or paternity leave. Nor will agency workers be entitled to benefits including company pensions, financial participation schemes and performance-related bonus payments.
Your rights as an agency worker
From ‘day one’ of your employment, you will be entitled to –
- The same access to facilities such as staff canteens, childcare and transport as a comparable employer of the hirer
- Be informed of job vacancies
After your 12-week qualifying period, you are entitled to –
- Pay – including any fee, bonus, commission, or holiday pay relating to the assignment. It does not include redundancy pay, contractual sick pay, and maternity, paternity or adoption pay
- Working time rights – for example, including any annual leave above what is required by law
You will also be entitled to paid leave to attend ante-natal appointments during working hours.
As we said, these are just the headline facts. For more information, please read the full document produced by the Department for Business Innovation and Skills or alternatively, contact us and we’ll happily fill you in on what you need to know.
From all of us at Asset Resourcing, have a good month and we’ll see you in December.
Ben Sweeting & Michelle Scott – Directors, Asset Resourcing