Temporary Workers - Your Rights

Date: 09/02/12

The Agency Workers Regulations afford new rights to PAs working on temporary assignments through recruitment agencies. Workers are now entitled, in certain circumstances, to enjoy the same basic working and employment conditions as employees employed directly by the end client organisation.

In practice, this means that from day one of your assignment you will be entitled to access the end client's collective facilities and amenities, such as staff car parking, workplace crèche or canteen. You will also be entitled to access its permanent vacancy list. 

When you have worked on the same assignment, in the same role, for the same end client for a period of 12 calendar weeks or more (starting from 1st October 2011) you may also be able to claim the same basic pay, overtime, contractual holiday pay, shift allowances and certain bonus payments, as an employee if they are engaged in a comparable role to yours. Payments such as redundancy pay, notice pay and contractual sick pay are specifically excluded.

If access to collective facilities is denied, you can write to your end client requesting details of those facilities and reasons why you are being denied access, or your entitlement to access differs to that of employees. The end client has 28 days from the receipt of your request to respond.

If you are not enjoying the same pay and benefits as comparable employees and you have attained the 12 week qualifying period you should write to your recruitment agency in the first instance to request information. Again, the agency has 28 days from the receipt of your request to respond. If you have not received a response within 30 days you are entitled to write directly to the end client for the information. The end client has 28 days from the receipt of your request to respond.

Where there is no response or you are dissatisfied with the response received you may decide to bring a claim for breach of the Regulations in the Employment Tribunal. You have three months from the date of the breach to do this.

This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.

 
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