The Agency Workers Regulations came into effect on 1 October 2011.

The principal effect is that after 12 weeks, basic working and employment conditions for temporary agency workers must be no less favourable than if they had been recruited direct by the hirer.

From day one of the agency arrangement, they have equal access to permanent employment opportunities and collective facilities/ amenities - this may include access to a staff canteen or other similar facilities, childcare facilities, and transport services.

Equal treatment will encompass pay, working hours, rest periods and breaks, annual leave, holiday pay, shift allowances and overtime rates. Agency workers will not, however, have the right to claim unfair dismissal, minimum notice or redundancy pay.

The agency worker has the right, during the course of their assignment, to be informed by the hirer of any relevant vacant posts with the hirer.

As a result of the legislation, agencies will require to obtain more information from the hirer at the outset about the working conditions in force.  Hirers will also be keen to provide this information in order to show they have complied with the regulations.

Employers may react in a number of different ways, which may include:

• Stopping using agency workers
• Accepting the position and associated increased costs
• Attempting to break the continuity of service
• Taking the agency workers in-house

If you are a hirer or agency and require advice on the regulations, please contact us.