Rights of agency workers uk


The Agency Workers Regulations came into force on 1 October The Regulations apply to agency workers who find temporary work through a temporary work agency. The language is not consistent with the Conduct Regulations and actually the regulations apply to agency workers contracted through an Employment Business and not an Employment Agency. They do not apply to the genuinely self-employed, those employed directly by the end user or those who are employed on a managed service contract. Thus the AWR is intended to protect agency workers,.


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Temporary and agency workers Q&As


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Individuals, families and trustees. Agriculture and Rural Property. Injured, Disabled or Vulnerable People. News Agency worker not entitled to apply for jobs on same terms as directly recruited employees. EAT decision strikes balance between rights and protections created under the Agency Workers Regulations Regulation 13 of the AWRs provides that, during an assignment, an agency worker has the right to be informed by their hirer of any relevant vacant posts, giving the worker the same opportunity as a comparable worker who was hired directly to find permanent employment with the hirer.

This right applies from the first day the agency worker works for the hirer. An interesting recent decision of the EAT has considered the extent to which Regulation 13 AWR means that an agency worker can be treated differently to someone who has been hired directly by the employer in respect of advertising vacancies.

Whilst working there, they became aware of Royal Mail vacancies posted on the staff noticeboard. When the agency workers attempted to apply for the roles, they were told that they were ineligible and that they could only apply when the vacancies were advertised externally. At this point, if they did apply, they would be in competition with external applicants.

As part of a broader complaint, the agency workers brought a tribunal claim on the basis that being prevented from applying for the advertised positions was a breach of Regulation 13 AWR because they had not been given the same opportunity as a comparable worker who had been hired directly by Royal Mail to find permanent employment with Royal Mail.

At tribunal, the agency workers were successful on this point and Royal Mail and Angard appealed on the basis that the tribunal had misrepresented Regulation 13 AWR by finding that it extended to an obligation to grant an agency worker the same opportunity to apply for relevant vacant posts as a comparable worker rather than simply conferring the right to be informed about them. The EAT held that the right under Regulation 13 AWR did not mean that an agency worker had a right to be entitled to apply and be considered for internal vacancies on the same terms as directly recruited employees.

Reviewing the regulation wording, the EAT considered that there was a right to be notified of vacancies on the same basis as direct recruits and to be given the same level of information about the vacancies as direct recruits. The EAT found that this provided agency workers with the same opportunity as a comparable worker to find permanent employment with the hirer, which was required by Regulation 13 AWR.

Reviewing the original Directive wording underpinning the AWRs, the EAT also noted that the right being granted went no further than a right to be made aware of any vacant posts with the hirer. In particular, the EAT drew on key wording contained in the Directive suggesting that agency workers must be helped in having 'access to employment' but noting that the Directive was silent on how far that help must go.

The EAT was of the view that the right to be informed of vacant posts was a valuable right in and of itself. This is because the right places agency workers in a better position than the general public and provides them with as much information as direct recruits.

Because of this, the EAT dismissed arguments that the right to be informed of vacant posts was ineffective if the workers could therefore not apply for them when they were advertised internally. The EAT also highlighted that the relevant wording in the original Directive did not specify the class of comparable worker with whom the agency worker must have the same opportunity to find permanent employment with the hirer.

In practice, the EAT considered that some directly recruited employees might be 'manifestly unsuitable' for an advertised position, meaning that the provision of information will be of no more benefit to them as it would be to an agency worker who is told that they are ineligible for it.

On that basis, the EAT concluded that it is not possible to read into the directive a requirement that an individual who is notified of a vacancy must also be eligible to apply for it. Finally, the EAT concluded on this issue that the intention of the directive was not to treat agency workers as though they are direct recruits of the hirer, rather the relationship between the agency workers and the hirer is more 'tenuous and flexible' than the relationship between directly recruited employees and the hirer, and commented that this is often to the mutual benefit of the agency worker and the hirer.

Employers should be aware of the rights of agency workers to have access to the same facilities and broad engagement terms as directly recruited staff, and to be informed of relevant vacancies with the hirer. On a plain reading of Regulation 13 AWR it is easy to see why the agency workers felt that they were being denied their rights.

It seems counter-intuitive to say an agency worker has the same right to be notified of jobs but then to say they are not entitled to apply for them. However, the EAT has clarified that the right does not extend to a right to be able to apply for internally advertised jobs. In this case Royal Mail did allow agency workers to apply for these roles once they were advertised externally, and in the specific circumstances of the case this meant that the agency workers were being treated no less favourably than anyone that the employer might then engage directly through an external recruitment drive.

As noted by the EAT, agency workers who had advanced notice of job vacancies were put in an advantageous position compared to potential applicants outside the organisation. The fact that directly employed staff could apply for the job whilst it was advertised internally did mean that the agency workers were put at a comparable disadvantage, but this was not unlawful for the reasons explained by the EAT.

If you would like to discuss any aspect of this article further, please contact Michael Crowther or any other member of the Employment team on You can also keep up to date by following Wrigleys Employment team on Twitter. The information in this article is necessarily of a general nature.

Specific advice should be sought for specific situations. If you have any queries or need any legal advice please feel free to contact Wrigleys Solicitors. Reflecting on the Backbench Business Committee debate, 14 Dec: the contribution of co-operative and mutual societies to the economy and public life. COP26 was a crucial moment in the fight against climate change.

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Web Design - Rejuvenate Digital Agency. Website Cookie Policy We use cookies to give you the best possible online experience. Send us an enquiry. Phone Number. Agency worker not entitled to apply for jobs on same terms as directly recruited employees 07 January For these reasons, the appeal by Royal Mail and Angard was allowed. Comments Employers should be aware of the rights of agency workers to have access to the same facilities and broad engagement terms as directly recruited staff, and to be informed of relevant vacancies with the hirer.

You can also keep up to date by following Wrigleys Employment team on Twitter The information in this article is necessarily of a general nature. The contribution of co-operative and mutual societies to the economy and public life Reflecting on the Backbench Business Committee debate, 14 Dec: the contribution of co-operative and mutual societies to the economy and public life.

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Agency workers – What you should know

This Inbrief summarises the Regulations and highlights the specific rights enjoyed by agency workers. However, in the context of the Regulations, an agency worker is a worker who is supplied by a temporary work agency to work temporarily for and under the supervision of a hirer. The type of relationship covered by the Regulations is a classic agency worker relationship where the agency worker has a contract with and is paid by the agency, not the hirer. The Regulations include provisions which seek to protect agency workers supplied through such arrangements. In this type of situation each party should take care to ensure that it identifies its own specific obligations under the Regulations. The Regulations give agency workers two types of rights: rights that apply from day 1 of an assignment Day 1 rights , and rights that only apply after a 12 week qualifying period 12 week rights. After completion of a 12 week qualifying period, the Regulations give agency workers the right to the same basic working and employment conditions as if they had been recruited directly by the hirer to do the same job.

Under the AWR, agency workers are entitled to specific rights and has always been unpopular with worker rights groups in the UK and has.

Employment Agency Standards Inspectorate

The legal document I used was so comprehensive and easy to complete. It is very reassuring to know my business now has this level of protection ". The Agency Workers Regulations affect all organisations that supply or hire temporary agency workers commonly referred to as 'temps' , who are under the 'direction and supervision' of a hirer. From the first day of an assignment, a TAW will be entitled to the same rights of access to the hirer's collective facilities or amenities as are enjoyed by a comparable worker working at the same location or, if there is no such person, at another location used by the hirer. A 'comparable worker' is someone employed directly by the hirer who does broadly the same work or has broadly the same skills and qualifications as the TAW. Collective facilities or amenities include those provided by the hirer to its workforce as a whole or to particular groups. The facilities should be made available even if they are shared with another business and can extend to facilities that are based at another site occupied by the hirer. This does not mean a TAW will get priority over other staff and does not include off-site facilities provided by a third party, such as subsidised gym membership. Hirers can refuse access to facilities only if they can 'objectively justify' their decision by establishing it as both reasonable and proportional.


Agency Workers Regulations (AWR)

rights of agency workers uk

You are using an outdated browser. Upgrade your browser today for a better experience of this site and many others. Under the Agency Workers Regulations workers supplied to a company or to any other entity by an agency become entitled to receive pay and basic working conditions equivalent to any directly employed employees after a 12 week qualifying period. If you are an employer in the Belfast area we, at McKeague Morgan, can advise you the implications of the regulations. Regulations which took effect from 1 October mean that workers supplied to a company, or to any other entity, by an agency will become entitled to receive pay and basic working conditions equivalent to any directly employed employees after a 12 week qualifying period.

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The Rights of Agency Workers

We use cookies to improve your experience of our website. You can find out more or opt-out from some cookies. The agency should give you the key information document before you start working with them. They should also give you a new document if the information changes. You can check what the key information document must contain on GOV. If you joined your agency before 6 April , they should have given you a written contract explaining your rights and responsibilities.


Maternity and parental rights for agency workers

We use cookies to give you the best possible online experience. See our cookie policy for more information. Individuals, families and trustees. Agriculture and Rural Property. Injured, Disabled or Vulnerable People. News Agency worker not entitled to apply for jobs on same terms as directly recruited employees. EAT decision strikes balance between rights and protections created under the Agency Workers Regulations Regulation 13 of the AWRs provides that, during an assignment, an agency worker has the right to be informed by their hirer of any relevant vacant posts, giving the worker the same opportunity as a comparable worker who was hired directly to find permanent employment with the hirer.

Find out where your agency workers rights differ from a directly hired employee or worker. Plus, what specific rights your agency must.

Rights of Agency Workers

This legislation requires recruitment agencies to abide by specified minimum standards. EAS works with recruitment agencies, hirers and work-seekers to ensure compliance with employment rights, particularly for vulnerable agency workers, and that those using private recruitment agencies to find work are treated fairly. EAS investigates complaints received usually from workers , acts on intelligence or information received, and carries out proactively targeted inspections.


Managing Agency Staff

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The Agency Workers Directive AWD provides temporary agency workers with equality in basic working and employment conditions as if they had been employed directly.

This page includes information about how to find agency workers to work at Queen Mary University of London. Managers using such workers must comply with the legal duties set out in the Agency Workers Regulations, some of which apply from the first day of the assignment, and others of which apply after the worker has completed a twelve week qualifying period. In the first instance please contact qtemps qmul. You should only look elsewhere for agency staff once these suppliers have all been tried. The provisions for using agency staff in Queen Mary are described more fully on the Finance Department web pages. For professional jobs or jobs that involve working with vulnerable people, the agency has the duty to obtain copies of the relevant qualifications and two references.

This would entitle him to basic working and employment conditions enjoyed by permanent Royal Mail staff. In reaching its decision on the nature of the assignment, the Employment Tribunal looked at and held that each assignment had been defined by reference to a particular period and specific shifts. This was notwithstanding that Mr Kocur's contract with Angard Staffing Limited was open ended and he was only supplied to Royal Mail as the agency's sole client. In fact, Mr Kocur had been regularly and repeatedly supplied to the Royal Mail for 4 years.


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