The agency workers Regulations 2010 (AWR), prevent employers from treating agency workers as a second class workers. The Regulations introduced a variety of protections for agency workers, which apply either from the start of the agency worker’s engagement or after 12 weeks.
The AWR are not triggered if the individual is genuinely self-employed or genuinely autonomous and, therefore, not working under the employer’s supervision.
Day 1 rights
From the first day an agency workers have the right to access all collective facilities and amenities in the same way as employees. Such facilities may include canteens, childcare facilities, car parking and transport services.
Agency workers also have this Day 1 right to be informed about job vacancies with the employer during their engagement.
Rights after 12 weeks
After 12 weeks, agency workers have the right to the same basic working and employment conditions as those employed directly. This includes key elements of pay. The right to the same working conditions also applies to duration of working time, night working, rest periods, rest breaks, annual leave and paid time-off for antenatal appointments.
Liability for any breach of these rights after 12 weeks is shared between the employer and the agency. However, the agency will have a defence if it acted on information received from the employer concerning the pay or the working conditions, even if that information is wrong.
If any Agency worker wishes to challenge the company
The agency worker put in a written request for information to the employer. The employer has 28 days to respond in writing.