From 1 October 2011 new regulations give agency workers certain new employment rights. If you employ agency or ‘temporary’ staff you will need to be aware of these rights, and when they apply.

The rights of an agency worker are based on those of someone doing a comparable (similar) job. A comparable employee is someone doing the same job or broadly similar work to the agency worker usually at the same workplace (but may be located elsewhere). This entitlement applies whether the agency worker is part time or full time.

From day one an agency worker has the right to access facilities and information about job vacancies within the workplace.

After 12 weeks in the same job with the same hirer, agency workers are entitled to the same basic terms and conditions as if they had been recruited directly.

These basic terms and conditions include:

o – Basic pay, including holiday pay, overtime and bonuses linked to performance, but excluding occupational schemes – sick pay, maternity, paternity and adoption pay as well as redundancy and notice pay
o – Duration of working time – for example not having to work more than 48 hours a week if those directly recruited are not
o – Annual Leave
o – Night Work
o – Rest breaks and Rest periods