The Agency Workers Regulations, approved by Parliament in January 2010 and scheduled for implementation in October 2011, implement the EU Agency Workers Directive 2008/104/EC, which grants to temporary workers finding employment through an agency, similar rights and entitlements to full-time workers within the same workplace, viz:
• From their first day, Temporary workers will gain the right to:
- Equal use of collective workplace amenities
- Be notified of other vacancies at the hirer (client)
• After 12 weeks (which can only be broken by a six week break), Temporary workers become entitled to equal terms in relation to pay and holidays and working time rights.
There are several distinct exclusions and non-exclusions that will affect recruiters:
• Only genuine self-employed workers are not included in the scope of AWR
• “Self-employed” does not include candidates working through umbrella companies, who are explicitly included in the scope of the AWR.
• Managed service contracts are included
As such, some of our clients and candidates may need to be aware of their duties, obligations and expectations under the new rules. All will have a role to play in ensuring the spirit and letter of the law are applied. TFPL is working with the Recruitment and Employment Confederation to ensure that the way we apply the new rules is fair to clients and candidates alike, and that any changes take place with the minimum disruption.
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