Agency Workers Regulations 2010

The Agency Workers Regulations 2010 came into force in England, Scotland and Wales on 1 October 2011. The Agency Workers (Northern Ireland) Regulations 2011 came into effect in Northern Ireland on 5 December 2011.

In this policy we use the term “the Regulations“to refer to both sets of regulations.

The Regulations give agency workers the right to the same basic working and employment conditions they would receive if they engaged directly by an end user client to do the same job; this is limited to conditions that relate to pay and working time. Agency workers are also entitled to access facilities and amenities that an end user client provides to its own workers and to be advised by a client of vacancies which arise in the clients business.

Day one and 12 week rights for agency workers

From Day 1 of their employment, an agency worker will be entitled to:

  • the same access to facilities such as staff canteens, childcare and transport as a comparable employee of the hirer.
  • be informed about job vacancies (however this does not mean they are eligible to apply for vacancies).

After a 12-week qualifying period, an agency worker will be entitled to the same basic conditions of employment as if they had been directly employed by the hirer on day one of the assignment, specifically:

  • pay – including any fee, bonus, commission, or holiday pay relating to the assignment. It does not include redundancy pay, contractual sick pay, and maternity, paternity or adoption pay
  • working time rights – for example, including any annual leave above what is required by law.

Agency Workers (regardless of their employment status) will also be entitled to paid time off to attend ante-natal appointments during their working hours.

J&J Recruitment Solutions are committed to enforcing AWR guidelines and ensuring all staff are aware of workers seekers rights in relation to AWR. If you do not receive a satisfactory service in relation to AWR we need you to tell us about it this will help us to improve our standards.

If you have a complaint in relation to AWR please contact J&J Recruitment Solutions Ltd on 01227 369922 in the first instance and speak to your consultant, you should discuss in detail your complaint and a member of our team will supervise your investigation and aim to to resolve your complaint informally.