Agency Workers Regulations
The Agency Workers Regulations 2010 came into force in October 2011 giving agency workers the same basic employment conditions after 12 weeks in a given job as those that would have applied if they had been recruited directly by the hirer.
The 12 Week Qualifying Period
You will meet the 12-week qualifying period once you have carried out the same role, or substantively similar roles, at the same hirer for 12 weeks. You will then qualify for the same basic working and employment conditions to which you would have been entitled had you been directly recruited by the hirer.
The 12-week period does not need to be continuous. Certain breaks will pause the time during which you accrue service, and you will resume accumulating service on return from the break.
Breaks between assignments, or during an assignment, during which the qualification period will pause are those where the break is:
- For any reason and lasts no more than 6 weeks
- Due to sickness absence and lasts up to 28 weeks
- Related to pregnancy, childbirth or maternity during a protected period
- For the purpose of taking other leave to which you have statutory or contractual entitlement e.g. annual leave
- Due to jury service and lasts up to 28 weeks
- Due to a pre-determined period where the employer temporarily does not require any worker to attend the workplace and work in the particular role (e.g. a temporary factory "shut down")
- Due to industrial action
After the 12-week qualifying period you will be entitled to:
Other Pay
Pay means salary and other entitlements linked directly to your work, including overtime pay, holiday entitlement, shift allowances, risk payments, and commission pay and any bonuses linked to the quality or quantity of work done by you.
Night work
You will be entitled to work the same hours and receive the same allowances as a permanent member of staff.
Breaks
You will be entitled to the same level of rest periods and the same amount of daily breaks as a permanent member of staff.
Holiday
You will be entitled to the same amount of annual leave as a permanent member of staff. This leave entitlement may be more than your leave allowance with HRGO.
Working Hours
You will also benefit from any specific company agreements that apply to comparable direct recruits in relation to working hours. So for example, if you would have been entitled to normal working hours of 35 hours a week and been directly recruited to the same job by the hirer, you will be entitled to this after the 12-week qualifying period.
