Draft guidance on Regulations extending employment protection to Agency Workers

17 January 2012 |

The government has published draft guidance on the Agency Workers Regulations 2010 which come into effect on 1 October 2011. The Agency Workers Regulations implement the EU Temporary Agency Workers Directive 2008/104.  From 1 October  temporary agency workers with a minimum of 12 weeks’ in the job will have the right to equal treatment with permanent workers in respect of basic working conditions.

The Regulations apply to:

  • individuals who work as temporary agency workers;
  • individuals or companies involved in the supply of temporary agency workers, either directly or indirectly, to work temporarily for and under the direction of a hirer;
  • hirers

They do not cover employment agencies which introduce workers to employers for direct or permanent employment.

Among other things the draft guidance explains and expands on:

  • what arrangements fall outside the scope of the Regulations,
  • when the 12 week qualifying period is met,
  • what constitutes pay  for the purposes of the Regulations, and
  • when agency workers will be entitled to bonus payments

Final guidance is expected to be published by the end of April.


For further Information or to discuss the issues raised, please get in touch.


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