The Agency Workers Directive

The Agency Workers Directive was implemented in the UK on 1 October 2011 through the Agency Workers Regulations 2010.

The purpose of the Directive is to provide temporary agency workers with equal treatment, in terms of basic working and employment conditions, as they would be entitled to, had they been employed directly to do the same job. These rights are as follows:

Day 1 rights for all agency workers:

If you hire agency workers, you must ensure that they have access to your facilities (such as canteen, childcare facilities, etc) and can access information on your job vacancies from the first day of their assignment:

• Canteen facilities
• Workplace crèche
• Bathroom/shower facilities
• Mother and baby rooms
• Prayer room
• Food and drinks machines
• Access to generally available facilities
• Details of comparative job vacancies
• Where such vacancies are being advertised, e.g. via the internet, intranet, notice board/communal area

After 12 weeks in the same job:

The equal treatment entitlements relate to pay and other basic working conditions (annual leave, rest breaks etc) and come into effect after an agency worker completes a 12 week qualifying period in the same job with the same hirer:

• Pay which includes basic pay                

• Pay for annual leave (above the WT regs entitlement if that is what a comparable direct hire is contractually entitled to)

• Overtime payments                

• Shift/unsocial hours allowances                

• Bonuses directly attributable to the amount or quality of the work done by the agency worker

• Vouchers/stamps with a monetary value                

• Additional discretionary, non contractual bonuses as long as they are not one off payments

• In accordance with the Working Time Regulations 1998 confirmation of duration of working time, night vouchers/stamps with a monetary value in relation to pregnant workers their entitlements. e.g. paid time off for attending ante natal appointments  

It is not retrospective and for those agency workers already on assignment, the 12 week qualifying period will start from 1October 2011.