The regulations give Agency Workers the right to the same employment and working conditions that they would have enjoyed had they been directly employed by the hirer after 12 weeks in a given job.
Who does it affect?
All Agency Workers including those employed via umbrella companies or other intermediaries. Workers who are genuinely self employed are excluded.
What is equal treatment?
This principle is based upon an agency worker being entitled to the same basic working and employment conditions as a comparable employee of the hirer after 12 weeks in the same job.
Can the qualifying period stop?
A qualifying period will stop if there is a break, for a reason not included above, for more than 6 weeks between assignments. The qualifying period may also stop if an agency worker moves to a substantively different assignment.
I only work 3 days a week, how will the 12 week qualifying period work?
The 12 week qualifying period is based upon calendar weeks irrespective of working patterns and the number of days worked each week. In this case, a 3 day week will contribute 1 week towards the 12 week qualifying period.
The site operates a local bonus scheme, am I entitled to this?
Yes, under the regulations where there is a bonus scheme which relates to quality and / or quantity of work done then you are entitled to the same opportunity to achieve that bonus as a permanent employee in the same role.
From day one of my assignment as an agency worker, will I be entitled to apply for a permanent vacancy with hirer?
Unless it is a company re-organisation, you will be entitled to access information about the role.
What holiday will I be entitled to?
Upon completion of 12 calendar weeks within the same role with the same hirer, you will be entitled to the same amount of holiday entitlement as if you had been directly recruited directly by the hirer for the assignment.
When will I see a difference in pay?
If there is an increase in pay it will be paid once you have worked in the same role with the same hirer for 12 calendar weeks.
If applicable, will I be entitled to receive any incremental increases in annual leave which are awarded for length of service?
Yes, after completion of the 12 week qualifying period and subject to the agency worker meeting the qualifying criteria for the increase in annual leave i.e 1 year’s service.
Will I be entitled to the same incremental pay increases as a permanent worker?
Yes, after completion of the 12 week qualifying period and subject to the agency worker meeting the qualifying criteria for the pay increase i.e 1 year’s service.
What will I be entitled to after 12 weeks?
Please see below table that illustrates what is and isn’t included following the successful completion of a 12 week qualifying period:
Local bonus schemes / commission structures based on quality or quantity of work done
Overtime payment rates (provided qualifying criteria are met)
Monetary vouchers of fixed value
Non local Profit sharing schemes (i.e. STIP)
Occupational pension schemes
Occupational maternity / paternity pay
Occupational redundancy pay
Benefits in kind
Occupational sick pay
Rest breaks / periods
Paid time off for ante natal appointments
Please note that this list is not exhaustive, but includes the key items.
Is the hirer pension plan included?
It is not included.
Am I entitled to occupational sick pay?
No, this is not included within the agency worker regulations. However, subject to the statutory qualifying criteria you may be entitled to statutory sick pay, which may be processed via Select.
If the hiring manager/supervisor moves me from one role to another, what should I do?
You will have an obligation to notify Macildowie as soon as possible about the change in role. Furthermore, if you take up any other assignment during your time with Macildowie with another agency, you will be required to keep us informed with these details.
Failure to notify Macildowie of these changes may mean that previous weeks worked for the hirer are not counted towards the qualifying period and this will result in a delay in the agency worker receiving equal treatment.
If my assignment ends with one hirer and I accept a new assignment with another hirer, will I still be eligible for equal treatment?
No, as this is a new hirer, then the qualifying period will start again.
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