The Issue
The Agency Workers Regulations come into force on 1 October 2011
and will change the way in which the hospitality sector view agency
workers.
Take the example of a hotel that uses agency workers to cover
the busy summer months. At present agency workers often receive the
same basic hourly rates as directly recruited staff but are not
given the same benefits (transport facilities, overtime, maternity
benefits and bonuses for example). However, from the 1 October 2011
this will change.
The Legal Position
After completing 12 weeks of an assignment, an agency worker
will be entitled to the same basic working and employment
conditions (including pay, working time and holiday entitlement) as
they would have received had they been directly engaged to do the
same job. The scope of the Regulations only includes terms which
are 'ordinarily included' in the hirer's contracts
– for example, as part of a pay scale or company
handbook.
