This is a one (web) page summary of the Agency worker regulation and the employee scheduling factors which trigger it.
The Agency worker regulation comes (or came) into force on 1st Oct 2011.
The employee rights themselves are for a separate article. This article is about tracking employment to determine which and when employees come into scope of the regulations.
At the end there are links to the relevant document from the Department for Business and Innovations & Skills and also the Agency worker regulation (so you can read it yourself if you are a glutton for punishment or need to fall asleep).
The worker is the person in temporary employment.
The hirer is the company, organisation (or other legal entity) that the worker is temporarily employed at or assigned to.
The Agency (or Staff Bank) is the company or organisation that provides the worker to the hirer.
A substantive employee is an employee with a permanent or continuing contract of employment at the hirer.
The (employment) clock is a 7 day by 7 day calendar of employment.
Supersede or replace the National minimum wage or supersede the Working time directive regulations (WTD OR WTR)
Employment during any calendar week from the start of the assignment or 1st Oct (whichever is later). So if the first day of work is a Wednesday then all work from Wednesday (green) to the following Tuesday constitutes the first week of the employment clock. Any work between the next Wednesday and the next Tuesday constitutes the second week (yellow) of the clock.
Different roles (definition), roles are considered as different if:
A notification to both the Agency and worker is required with
any change of role.
There is anti-avoidance explicitly built in, for instance if the 12 week employment and 6 week break were repeated 3 times (there would only be 2 intervening 6 week breaks) then this is considered anti-avoidance and so in breach of the regulation.
Within the letter of the regulation a worker could work one week, have 5 weeks off, then work another week and take a further five weeks off up to another 11 times (6 x 11 weeks +1 or 67 weeks). In addition there may be pauses due to illness, jury service or other. For each of these (up to 28 weeks) there can be multiple occurances. Suddenly we get to a period over 3 years! Here is a more detailed
So can the Agency worker regulation clock be reset indefinitely
under these regulations?
It appears to us that if a worker was scheduled at one hirer for a significant number of weeks (less than 12) and then was scheduled for another hirer for 6 weeks or (preferably) more then the directive would be explicitly met and the clock re-set indefinitely. (Note in the case of a Hospital Trust it would have to be a different Trust and not another Hospital site within the same Trust)
Which will give:
for employment banks or agencies supplying or hiring workers? The answer is yes.
We have a number of questions with the Department of Business and innovation relating to clarification on the AWR. The answers when they come will be published in this section of our site.
The AWR has been updated, https://www.legislation.gov.uk/uksi/2011/1941/made
We have received clarification (amongst other things, on the order in which certain conflicting provisos should be applied). These changes will be incorporated in our end of September release.
For the act itself here:
For reasonably readable 57 pages of information on comparison of benefits for temp workers versus substantive staff and other parts of the act then more here:
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is a consistent portrayal of the Act, Added value applications
accepts no liability for this content which is inevitably a much
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