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The Agency Workers Regulations 2010: final guidance published

12th May, 2011

With the Agency Workers Regulations 2010 (“the Regulations”) set to come into force from 1 October 2011, the Department for Business Innovation and Skills (“BIS”) has published the long-awaited final Agency Workers Regulations Guidance (“the Guidance”), following a brief consultation on an earlier draft published in April.

The Guidance aims to help both hirers and agencies understand the requirements of the Regulations and has been produced through consultation with businesses, trade unions and recruitment agency representatives. The Regulations implement the EU Agency Workers Directive and will give agency workers the right to the same basic employment and working conditions as if they had been recruited directly by the hirer subject to the completion of a 12-week qualifying period in a job.

Amongst various other topics, the Guidance provides information on:

  • Who is included within the scope of the Regulations.
  • The consequences of working through multiple agencies or for multiple hirers.
  • The effect of different types of consecutive absence on the calculation of the 12-week qualifying period.<BR>
    The Guidance is accessible via the BIS website and it is intended that separate guidance aimed specifically at agency workers will be made available on the Directgov website shortly. It was initially announced that supplementary guidance for agency supply teachers was being developed with the Department for Education and it was expected that this would be made available at the same time as the Guidance. However, the Guidance contains a short section on supply teachers that was not included in the previous draft and BIS has announced that it will not be producing any further specific guidance for the sector.Employers who make use of agency workers are strongly advised to get to grips with the Guidance prior to the implementation of the Regulations in October 2011.

    For further information on the Regulations or assistance with any other employment law matter please contact Helen Watson on 01244 405565 or email her here.

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