COUNT DOWN TO THE AGENCY WORKERS REGULATIONS


Cars - If a permanent member of staff doing a similar job to that of the agency worker has an entitlement in their package to a company car, employers should be thinking now about how they will deal with requests for a car from the temporary worker who has worked 12 weeks.

Holidays - If the agency worker is only entitled to the statutory minimums of 28 days including bank holidays but permanent staff are entitled to an enhanced holiday entitlement then consideration needs to be given now about how this inequality will be dealt with

Qualifying - Employers need to watch out for 12 week qualifying periods being met where agency workers may have worked for the same company but in two different locations e.g. Birmingham and Leicester.  If the work carried out at each site is seen as being similar the agency worker may qualify.

Agencies - Agency workers often work for a number of different agencies and therefore this may mean that they work on behalf of a number of agencies for the same hirer for 12 consecutive weeks, and consequently end up qualifying under the regulations without the other agency's knowledge.
Good practice for employers to help to avoid any pitfalls would be to:
    keep detailed and accurate records of their use of agency workers
    look at how agency workers have been used in the past 12 months see whether, why and when any workers were used for extended periods of time
    review benefit packages and establish that those offered to agency workers are in line with or at an equivalent level to  the packages for permanent employees
    take time to discuss recording keeping and procedures with any preferred agencies that the employer uses on a regular basis
 

 

Employing people feel like a mine field? Need HR help? Wish you had the confidence to change things?