Agency Worker Regulations - the guidance is out now!

23/06/2011

By Nick Hobden, Partner and Head of Employment

On 1 October this year, the Agency Workers Regulations 2010 (AWR) are due to come into force. Amongst other things, they will afford agency workers the right to benefit from the same basic terms and conditions as permanent employees after they have been working in the same placement for at least 12 weeks.

It is fair to say that before they came to power last year, the Conservatives had been keen to express their displeasure at the AWR and their wish to consider changing them. More recently, however, they confirmed that they are going to come into force, unamended. They argue that their hands are tied by the agreements reached under the previous Labour administration. They have also stressed their concerns that if they were to reopen discussions in relation to the AWR, they might put at risk the 12 week qualifying period, making the legislation more, not less, onerous.

In an attempt to help businesses struggling to understand and implement the regulations, the Coalition government promised detailed guidance on how the AWR will work. Well the Department for Business Innovation and Skills has now published that guidance and you can access it here.

Whilst in many cases it will be obvious whether the AWR apply or not, the guidance provides some useful illustrations of how the law is likely to operate in those situations where the position is less than clear. There is also useful guidance on issues relating to comparators. For example, if a hirer can show that an agency worker is receiving the same terms and conditions as comparable permanent employees engaged in the same or broadly similar work, then that hirer will be deemed to have complied with the AWR.

The AWR have the potential to pose significant challenges to both agencies and hirers alike. If you think that your business might be exposed, call a member of the team to talk the situation through.