New rules on agency workers are not designed to give them
special treatment - just to level the playing field.
That's the message from John Mehtam, employment law specialist
at Martin-Kaye LLP Solicitors in Telford.
"The much-anticipated Agency Workers Regulations 2010 will come
into force in October, but it's vital that employers prepare now
and understand the finer details."
John said the new legislation meant from October 1, any agency
workers taken on by Shropshire companies would be entitled to
access all the facilities in the workplace such as the canteen, car
parking, and crèche from their very first day.
"They will also be entitled to information on any vacancies in
your company from that first shift.
"But they will need to complete 12 weeks service before they
qualify for equal treatment such as basic employment rights and
conditions.
"These rules are not designed to give agency workers special
treatment - if there's a waiting list for car parking, they can
join it, but not jump the queue, so they don't take priority over
your existing staff.
"And they'll only qualify for the right to equal treatment if
they stay in the same role with your company for the entire 12-week
period."
John said official guidance had been issued by the Government to
explain to employers how to identify basic rights and conditions,
including pay, working time and holiday entitlement, and pregnant
workers.
"Most employers want to know more about what circumstances could
interrupt the 12-week qualifying period, and the guidelines cover
this in great detail.
"The qualifying time will start from scratch if the agency
worker moves to a new company, and will be paused if they take time
off sick - but during any maternity, paternity or adoption
absences, the clock will still be ticking.
"The guidance still needs parliamentary approval, but this is
unlikely to be a problem, so it's vital that employers get to grips
with the new rules now - before they take effect."
For more information on Martin-Kaye Solicitors visit their
website here: www.martinkaye.co.uk