Agency Workers - the 12 Week Qualifying Period approaches.
The Agency Workers Regulations, which were introduced on 1st October 2011, are now nearly three months old.
The significance of this will not be lost on those of you struggling to understand and apply the Regulations as it means that we will, in Christmas week, pass the 12 week qualifying period, when agency workers acquire the right to be contractually treated on an equal footing with employees. No doubt, those of you that use agency workers will soon be dealing with the issues arising from this anniversary. Certainly, we have noticed an upswing in the number of enquires on the Regulations over the past week as realisation dawns.
We will not be able to assess the impact made by the Regulations until the early part of 2012. Will the 12 week period see an avalanche of claims alleging unequal treatment by agency workers or will many lie low, afraid to rock the boat in these uncertain economic times? My own view is that many employers have already acted to harmonise the terms and conditions of agency workers with employees and as such, most employers are unlikely to notice much difference at first. However, the potential for trouble is there, but we won't know the full impact until we start to see some reported Tribunal claims, and this might not be until well into the middle or second half of 2012.
In the meantime users of agency workers should remain vigilant and seek to understand and apply the Regulations, putting in place the necessary HR administrative framework and policies to ensure they do not fall foul of the Regulations.
If you have not already, please download a copy of our AWR Whitepaper which gives invaluable guidance on this thorny issue.
For more information on the above or for advice on any other employment issue please contact our employment department on 020 7354 3000 or e-mail employment@colmancoyle.com
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Author: David Malamatenios
Date published: 16th December 2011