The Agency Worker Regulations 2010


From 01 October 2011, rules in relation to the employment of agency workers will be changed, as The Agency Worker Regulations 2010 will come into force.

Author: Dennis Chapman
Reading time: 3 minutes

This article is 11 years old.

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.

From 01 October 2011, rules in relation to the employment of agency workers will be changed, as The Agency Worker Regulations 2010 will come into force.

These regulations deal with all agency workers, and temporary workers working for an employer via an agency, who are employed on a short term basis.

The purpose of the regulations in a nutshell is that agency workers will now be entitled to;

a) Access to all upcoming employment opportunities, and basic communal facilities and benefits, from day 1 of their employment. These include;
a. Holiday, overtime, and statutory sick, notice and redundancy pay
b. Bonuses relating to performance or working unsociable shifts.
c. Any benefits given in regards to food on sight and transport to and from work such as vouchers or company agreed discounts.
d. Pregnant workers will be allowed paid time off to attend antenatal appointments,

They do not however receive as follows;
e. Occupational pension, car allowance, health insurance or any other financial contribution scheme.
f. Companies discretional; sick pay, notice pay and redundancy pay.
g. Discretionary bonuses not written in their contract of employment.

b) After 12 weeks of service, these workers will acquire the same employment rights as those who were directly employed by a company, rather than through an agency. They will then continue to accrue rights through their working period. Should the worker be taken on by the company as a permanent member of staff, their continuation of employment will remain from their period of temporary working.

Application will only be to those workers who begin employment after 01 October. Self employed or those under a contract for service will not be covered by these regulations. Further, those put forward for a full time vacancy by and agency who are employed straight away as a permanent member of staff are not covered.

The regulations are mindful not to allow employers to avoid these regulations by only offering assignments for 11 weeks, laying the worker off for a week and then having them back for a further 11.  This equally applies when offering the same worker 2 short terms assignments one after another, regardless of if they are in different departments. Should employers be caught using this ‘avoidance’ strategy they will be subject to tribunal action.

Lawgistics therefore advises all employers to be more cautious when considering any agency workers, as these new regulations could cause more issues than they intend.

Dennis Chapman

In remembrance of Dennis Chapman 1951 -2015

Read more by this author

Getting in touch

You can contact us via the form or you can call us on 01480 455500.