Under the Agency Workers Regulations 2010 (AWR), which came into force on 1 October 2011, agency workers are entitled to have the same basic terms and conditions of employment as if they had been employed directly by the hirer once they have completed a qualifying period of 12 calendar weeks with the same hirer, in the same role.
The Department for Business, Innovation and Skills has useful guidance on the AWR.
For any entitlement requiring a period of service – for example enhanced entitlement to annual leave after 12 months – the period starts at the time the qualifying period commenced, not after its completion.
Employers should be aware that the AWR contain anti-avoidance provisions which prevent a series of assignments being structured in a way that prevents an agency worker from completing the qualifying period.
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The Agency Workers Regulations
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