Agency workers

legal updates

Whilst they are seen as temporary staff, it is important to remember that the workers are directly under your supervision and you still have responsibilities for their safety.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

It’s now normal practice for companies to use agencies for workers from time to time, this is generally to cover the peak or holiday seasons.

Whilst they are seen as temporary staff, it is important to remember that the workers are directly under your supervision and you still have responsibilities for their safety.

Initially it is yourself that specifies to the agency any qualification, skills or abilities required in order to carry out the work safely. You may request relevant previous experience or a level of fitness required for manual work. The agency is then required to pass this information to their workers however it is yourself that also has a legal duty to pass on the same information directly to the worker. It is ideal to put a copy of this in the induction pack available to show the worker on their first day and clarify they meet the criteria.

Further, you can ask the agency to confirm in writing that the worker fits the criteria and send relevant copies of applicable certificates/qualifications.

Once you are happy with the above, you must provide induction training. It is best practice to make it clear to the workers which tasks they are required to carry out and undertake supervision to ensure that any procedures are carried out properly.

If the worker is required for a job that involves potential risks such as working in a workshop, it is your responsibility to ensure a risk assessment of the work is undertaken. Further, the agency must also understand the potential risks. It is best practice to supply the agency with copies of the relevant risk assessments and the contents in particular are relayed to the applicable workers.

If any personal protective equipment is required then you must ensure the worker has it and wears it. Self-employed workers should have their own, however agency workers should have it provided free of charge by the agency. Generally speaking in practice, you may need to pitch in. Protecting workers from the risks on your site is your responsibility and you need to ensure protection is adequate.

It is important to remember, although agency workers are generally temporary, from the first day of their employment, they are entitled to the same access to facilities which other permanent staff members have such as staff canteens or transport and to be informed about job vacancies which arise.

If an agency worker has completed 12 weeks then they will be entitled to the same conditions of employment as if they had been directly employed by the employer on day one of the job, this includes pay (bonus, commission, holiday pay) and working rights (annual leave, paid time off to attend ante-natal appointments).

Wearewood Services LtdMotor Trade Web Specialists

We offer an all-encompassing web, digital & design service specially tailored to the Motor Industry.

Roxanne BradleyLegal AdvisorRead More by this author

Related Legal Updates

Employment Law: Carer’s Leave

The regulations explicitly safeguard employees from any detriment or dismissal resulting from taking or seeking to take carer’s leave.

Employment Law: Annual Leave Changes

Several significant changes came into force on 1 January 2024 that affect the statutory annual leave and pay entitlements.

The office Christmas party season is here

Where an employee makes comments concerning a person’s body parts or style of dress that are intended to be good-natured but are perceived as offensive…

Update on Rights to Flexible Working Requests

Employers will remain entitled to turn down a request pointing to reasonable grounds as a basis for refusal.

Three new employment laws for 2024

The Carers Leave Act, The Neonatal Care (Leave and Pay) Act and The Protection from Redundancy (Pregnancy and Family Leave) Act.

Parents and Carers: New Protections at Work

Parents and carers will benefit from the following new employment protections that received royal assent in May 2023.

April 2023 Pay Rate Increases

The new financial year is upon us, with new rates abound.

Get in touch

Complete the form to get in touch or via our details below:

01480 455500

Vinpenta House
High Causeway

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.