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The Agency Workers Regulations

The Agency Workers Regulations 2010 (the Regulations) are due to come into force on 1 October 2011. The time between publication of the final Regulations and their entry into force is intended to give agencies and hirers sufficient time to adjust to significant changes to their regulatory framework, especially in view of the current economic situation. Certain aspects of the Regulations are supported by guidance. The Regulations come into force on 1 October 2011 and apply to agency workers who are assigned to do temporary work (for hirers) through temporary work agencies. The Regulations provide that all agency workers must be able to access a hirer’s collective facilities and amenities and have access to information about its job vacancies from the first day of their assignment. In addition, after completion of a 12-week qualifying period, agency workers are entitled to the same “basic working and employment conditions” that they would have been entitled to had they been recruited directly by the hirer. The Regulations are not retrospective and so those agency workers already on assignment on 1 October 2011 will start to accrue their 12-week qualifying period from that date. If your business engages agency workers then our recommendation is to take early advice from an employment solicitor about your liability and the implications of the regulations before they come into force. If you are an agency worker then we would be interested to hear of yourexperiences of working in this capacity and how you feel the Regulations will affect you. Read the guidance