The Government has published draft guidance on the Agency Workers Regulations 2010, which are due to come into force on 1 October 2011. The BIS has invited comments on the draft guidance to be received by 15 April latest, with final guidance expected to be published around the end of April.
The Regulations will give temporary agency workers the right to equal treatment in comparison to permanent workers as regards basic working conditions. The aim of the guidance is to help both employers and the recruitment sector to understand and implement these Regulations effectively. Each section covers the key provisions of the Regulations and, where possible, is accompanied by useful links and related flowcharts and desktop downloads.
The Guidance confirms that the Regulations are not retrospective and for those agency workers already on assignment, the 12 week qualifying period will start from next October. Agency workers will also be entitled to access to facilities and information on job vacancies from Day 1 of their assignment.
This is draft guidance and therefore the final position may change. Those wishing provide feedback must respond to the BIS by Friday 15 April 2011.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.