Hiring managers are reminded that the Agency Workers Regulations come into force on 1 October.
All staff involved in recruitment or staff facilities need to be aware of this legislation, which aims to protect agency workers by giving them new rights in relation to their working conditions and terms.
Agency workers, often referred to as ‘temps’ or ‘interims’, are temporary employees who are supplied by an agency.
The legislation does not cover genuinely self-employed individuals or staff offered employment on a University contract following introduction by an agency.
The new legislation introduces the following entitlements for agency workers:
The University will need to gather information on agency workers to ensure that we meet our legal obligations.
The legislation places obligations on both the University, as the ‘hirer’, and on agencies supplying workers, resulting in a need for the University to identify and work closely with all agencies being used.
The new legislation effectively removes a number of the reasons for using agency workers, particularly for longer term assignments.
Consequently, managers should consider their staff resource needs carefully before seeking to hire an agency worker.
Managers should discuss resourcing options with their local HR team.
Where it is necessary to hire an agency worker, this should be done directly through one of the University’s contracted agencies or via the local HR team.
Managers should notify their local HR team of any agency workers currently working in their area who have not been sourced through the University’s contracted agencies.
Managers should also ensure that agency workers have access to facilities and information on external job vacancies on the same basis as employees on University contracts.
The University is developing processes with our contracted agencies and other identified agencies to identify how long agency workers have been engaged in the University.
University HR Services is also developing guidance on how to respond to potential needs for agency workers for periods of more than 12 weeks.
A full outline of the agency worker regulations and their effects is available on the HR website
If you have any queries about the new legislation, contact Anna Edgar, Senior HR Partner - Resourcing.
This article was published on Sep 30, 2011