Employment Law Roundup

This coalition government hasn't been resting on its laurels, at least in the legislation department - scrapping the default retirement age, introducing a new entitlement to extended paternity leave and pay and exemptions from new domestic legislation for small businesses and start ups (with less than 10 employees) for a period of 3 years.

A key piece of legislation due to come into force on 1st October 2011 is the Agency Workers Regulations 2010. The Regulations will give agency workers:

  1. Day One Rights to access a hirer's onsite facilities e.g. creche / transport facilities / canteen and notification of hirer's permanent vacancies - e.g. displayed on job boards/intranet.
  2. After 12 weeks in an assignment with the same hirer - the right to the same basic pay, performance bonuses, holiday in excess of statutory entitlement i.e. 28 days inclusive of public holidays (but the excess can be paid in lieu or as part of daily / hourly rate), duration of working time; night work; rest periods or breaks, overtime and shift allowances and unsocial hours premiums.

However, agency workers will not be entitled to the same occupational pension; sick pay; maternity pay; redundancy and notice pay as permanent staff.

Care will need to taken to ensure that agency workers receive equal treatment after 12 weeks in an assignment and that the rules with respect to when the "qualifying period clock" will stop and start are observed.  Essentially a break of more than 6 weeks between assignments will stop the clock.

In conclusion, with the force of Europe behind the Regulations, UK employers will have to make sure that they comply with the Regulations or find suitable and lawful work-arounds. Ultimately it remains to be seen how this new piece of legislation / AWR will affect Contractors, Hirers and Agencies alike.

We are working hard to assess the impact of the AWR in advance and we will report our findings and liaise with you in the next month.

 

"A key piece of legislation due to come into force on 1st October 2011 is the Agency Workers Regulations 2010."

 

 

 

 

"Agency workers will not be entitled to the same occupational pension; sick pay; maternity pay; redundancy and notice pay as permanent staff."