The Government has recently published draft Regulations to give temporary agency workers, after a 12-week qualifying period, the same basic working and employment conditions as apply to a permanent employee carrying out the same role. Consultation on the draft Regulations closed on 11 December.
There are a few significant changes since the Government’s consultation earlier last year
Commencement
Perhaps the main change is that commencement will now be delayed until 1 October 2011. This gives agencies and hirers sufficient time to adjust to the changes, particularly in view of the current economic climate.
Terms and conditions affected
The “basic working and employment conditions” to which equal treatment will apply are those relating to pay; annual leave; working time; length of night work; rest periods and rest breaks which are ordinarily incorporated into contracts of the hirer whether by collective agreement or otherwise.
“Pay” includes basic pay plus other contractual payments such as commission, bonuses and holiday pay.
The draft Regulations specifically exclude a number of payments and rewards such as maternity and paternity pay, redundancy related payments and occupational sick pay. In the context of bonuses, the Government is proposing some refinement to its original approach. Bonus payments will not be subject to the entitlement if they are awarded in the context of performance appraisal systems aimed at the long-term management, motivation and retention of staff; relate in part or whole to company performance; or would not be earned by the agency worker during his time with the hirer if he had been recruited directly.
Qualifying period
The draft Regulations also give some explanation as to how the 12-week qualification period will work. It will be 12 calendar weeks and is not dependent on whether the individual works full-time or part-time.
