Agency Worker Regulations October 2011

The Department for Business, Innovation and Skills has now published its guidance on the Agency Worker Regulations which come into force on 1st October 2011.

The Regulations provide that agency workers will have the same rights to pay, benefits, rest periods and holidays as someone recruited directly by the hirer.

There is a 12 week qualifying period and the guidance confirms that the qualifying period is not retrospective. For those workers already in an assignment the 12 week qualifying period will begin on 1st October 2011.

Chief Executive of the Recruitment and Employment Confederation, Kevin Green said of the guidance:

“There has been a genuine effort to take on board the concerns of recruitment agencies and to clarify how these regulations will work in practice. Agency work plays a vital role within our economy. Limiting bureaucracy and uncertainty will ensure that it continues to benefit businesses and job-seekers.”

In practical terms anyone who hires agency workers will have to ensure that those workers have access to facilities such as the canteen and childcare facilities and access to job vacancies within the company from their first day. Those hiring will also need to provide the agency with details of their terms and conditions so that agency workers are given the same benefits, pay, breaks and holidays as those permanently employed by the hirer.

For a full copy of the guidance visit:

For assistance in clarification of your responsibilities under this legislation and guidance as an agency or hirer of agency workers, contact our employment team at