Agency Workers Regulations 2010 Policy
ABOUT THIS POLICY
- This policy applies to staff, and deals with the company’s policy in relation to workers and the Agency Workers Regulations 2010.
- This policy applies to the way in which the company ensures that its agency workers achieve the benefit of the rights given to them by the regulations (ie enjoyment of rights equal to those they would have benefited from, had they been engaged directly by the client, after an initial qualifying period of 12 weeks).
- This policy does not form part of any employee’s or worker’s contract of employment or engagement and we may amend it at any time.
- After an initial qualifying period of 12 weeks, an agency worker is entitled to rights equal to those they would have benefited from, had they been engaged directly by the client.
- Those rights include pay parity, and the rights to an equal amount of paid annual leave.
- To assess whether the worker is in fact receiving those equal rights, we first need to know what parity ‘looks like’ – we need information. So, where a worker is placed with a client, a questionnaire should be sent to the client.
- If no response is received within 14 days, a reminder should be sent to the client. Failure by an client to respond to the initial request, and to a reminder, should generally be sufficient to transfer responsibility to the client.
- On a response being received, it will be evaluated, and a judgment made as to whether or not parity is achieved.
- If there is any doubt as to whether parity is achieved, the issue should be raised with the client and the client offered the opportunity to make adjustments (whether to the rate, or otherwise) to enable equality to be achieved.
- If the client is not prepared to make appropriate adjustments to enable parity to be achieved, the company should discuss with the worker, and should terminate the engagement with the client.
- More information about the Agency Workers Regulations 2010 can be found in the guide to the Regulations, available at the GOV.UK website.