Preparing for the Agency Workers Regulations 2010 implementation

The Agency Workers Regulations (AWR) come into force on 1 October 2011 and the Department for Business, Innovation and Skills (BIS) has published guidance on the new regulations.   Find it here.

The AWR are intended to ensure that:

• After 12 weeks agency workers will be entitled to equal treatment in respect of certain basic working and employment conditions;
• From the first day agency workers will be entitled to information about vacancies in the organisation to give them the same opportunity as other workers to find permanent employment, and equal access to collective on site facilities such as childcare and transport services and;
• Additional rights for new and expectant mothers.

What preparations should be made?

Check your current situation – Do you have agency workers?  What conditions apply to them now?

• Check what your use of temps looks like so you can gauge what the AWR will mean for your business. For example, a review of existing contracts to identify what terms and conditions will be caught and need to be given to agency workers who qualify.
• Work out what “pay” is for your organisation purposes of the AWR. BIS guidance will help here. You may consider how benefits are structured as this may affect whether or not they fall within the definition of “pay” under the AWR.
• Assess the potential cost of agency workers obtaining the right to “equal treatment” and the need to keep an eye on when they qualify, It may be better to terminate your existing agency contract and renegotiate terms to take account of the AWR
• Consider obtaining warranties and/or indemnities from suppliers.