The Agency Worker Regulations 2010 come into force on 1st October 2011. The impact of the Regulations will be felt across the labour market placing new requirements upon both end users and recruitment/employment agencies.

We can advise on what measures Agencies need to take to protect their business against any possible claims for breach of the Regulations. Agencies will be responsible for any failure to provide Agency Workers with the same basic terms and conditions of employment of full time staff after a qualifying period of 12 weeks unless they are provided with incorrect information by the hirer. We can advise on what information you will need to request from hirers and how to establish efficient communication systems with Hirers to reduce the risk of breach.

Working patterns of Agency Workers can be irregular. We can advise on what events ‘pause’ or ‘reset’ the clock for the qualifying period to ensure that the Agency worker is being treated fairly.

If Agency workers consider that their right to the same basic terms and conditions may have been breached they can issue formal requests for information to the Agency. We can advise on what information needs to be provided to comply with the formal procedure and the relevant deadlines for a response.

Anti avoidance measures have been put in place to ensure Agencies and Hirers do not deprive Agency workers of their rights through the way they structure assignments and offer work. We can review your existing contracts and assignment structures to advise on compliance with the Regulations. We can also review any warranties or indemnities that hirers may wish for you to sign to ensure you are fully aware of your liabilities.

If your business needs any advice on the impact of the Agency Worker Regulations or future compliance then please contact Michael Kerrigan in our Business Services Team on 01727 738 244 or mk@dolegal.co.uk