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www.whitehead-monckton.co.uk ©Whitehead Monckton 2012 1 Agency Workers Regulations 2010 Neil Emery October 2012 1
www.whitehead-monckton.co.uk ©Whitehead Monckton 2012 2 Agency Workers 2
www.whitehead-monckton.co.uk ©Whitehead Monckton 2012 3 Agency Workers 3
www.whitehead-monckton.co.uk ©Whitehead Monckton 2012 4 Agency Workers 1 October 2011 4
www.whitehead-monckton.co.uk ©Whitehead Monckton 2012 5 Day one rights Collective facilities Information about employment vacancies 5
www.whitehead-monckton.co.uk ©Whitehead Monckton 2012 6 Rights after 12 weeks Same pay and basic working conditions as equivalent permanent staff 6
www.whitehead-monckton.co.uk ©Whitehead Monckton 2012 7 Qualifying period 12 weeks in the same role (ignoring change of agency) No minimum amount of work to be completed “In the same role” - change of position requires re- qualifying The whole or main part of the role must be “substantively different” Agency must notify worker of new role in writing Breaks between assignments of less than six weeks e.g. if returning to a role 7
www.whitehead-monckton.co.uk ©Whitehead Monckton 2012 8 Qualifying period Breaks beyond six weeks preserving continuity: –sickness up to 28 weeks –temporary cessation of work –jury service –statutory or contractual entitlement to time off –strike / lock out Pregnancy or adoption leave breaks count towards the qualifying period Once qualified, the worker remains eligible for equal treatment until broken 8
www.whitehead-monckton.co.uk ©Whitehead Monckton 2012 9 Anti-avoidance Worker has completed two or more assignments with a hirer Worker has completed one or more assignments with a hirer with hirers associated with that hirer Worker has worked in more than two different roles with the hirer 9
www.whitehead-monckton.co.uk ©Whitehead Monckton 2012 10 www.whitehead-monckton.co.uk ©Whitehead Monckton 2012 Agency Workers So the implications are: Higher agency costs Less experienced agency workers If a deliberate attempt to frustrate or prevent qualification, employment tribunal can award compensation of up to £5,000 (minimum 2 weeks’ pay) 10
www.whitehead-monckton.co.uk ©Whitehead Monckton 2012 11 www.whitehead-monckton.co.uk ©Whitehead Monckton 2012 Action Points Audit of agency staff Skills matrices Standard terms and conditions of employment, pay scales and annual leave entitlements Mechanism to keep track of agency workers 11
www.whitehead-monckton.co.uk ©Whitehead Monckton 2012 12 www.whitehead-monckton.co.uk ©Whitehead Monckton 2012 Action Points Short assignments (of no more than 12 weeks) Roles with no directly recruited comparator Swedish derogation? 12
www.whitehead-monckton.co.uk ©Whitehead Monckton 2012 13 www.whitehead-monckton.co.uk ©Whitehead Monckton 2012 Contact Neil Emery 01622 698047 firstname.lastname@example.org 13
©Whitehead Monckton Agency workers and self- employed contractors – when casual workers can become anything but Neil.
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Liability and Remedy. Right to Information Day one rights: Written request to hirer at any time after first day 28 days to respond in writing NB: can.
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©Whitehead Monckton 2012 Property Issues for Trustees Jonathan Stallard October 2012.
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1 The Family And Medical Leave Act (FMLA) Outline Definition & Enforcement Eligible employees Lost time covered Serious Health Condition Intermittent.
Rullion Recruitment. Rehan Pasha Senior Associate Squire, Sanders and Dempsey Richard Sheldon Associate – HR Practice Group Eversheds Julian Ball Legal.
Agency Workers: Rights and Regulation Agency Workers: Rights and Regulation.
August 2014 PART TIME COMPENSATION AND CLASSIFICATION PROCESS Module 1 Policies and Procedures.
©Whitehead Monckton 2012 Corporate Social Responsibility Case study Kerin Speedie, Partner Whitehead Monckton Louise Wright,
REC – AWR Implementation Pack Overview presentation Recruitment & Employment Confederation.
©Whitehead Monckton 2012 Secured Borrowing for Charities Janet Goode Partner Head of Commercial October 2012.
Sick, Parental, and Family Care (SPF) Absence Policy Information For AFSCME and PSSU Employees.
©Whitehead Monckton 2012 Legislation & Case Law Update Gail Hall October 2012.
Human Resources1 PART TIME COMPENSATION AND CLASSIFICATION PROCESS Module I Policies and Procedures.
Problems caused by Absenteeism What to do Benefits arising from Effective Action Turning Absence into Profit – The Agenda.
Family Medical Leave Act 1. Purpose The Family Medical Leave Act (“FMLA”) entitles eligible employees to take twelve weeks of unpaid, job protected leave.
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23.2 The Employment Process Davian Talley & Mark Squires.
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Overview Agency Works Regulations Questions & Discussion What can we do for our clients next? Introductions Update Purpose Overview & Timescales Options.
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PALESTINIAN LABOUR LAW Ahmed T. Ghandour.. NINTH CHAPTER WORK INJURIES AND OCCUPATIONAL DISEASES.
Apprenticeship Grant for Employers of 16 to 24 year olds (AGE 16 to 24) Employer Update Presented by Insert presenters name and title Insert date of presentation.
CROSSING THE RECRUITING FINISH LINE: HIRING AUDIT AND UPCOMING CHANGES HR Liaison Network Spring Meeting Texas A&M University, Human Resources DIVISION.
Employment Law An Overview. Contents Defining the job and the work to be done Contracts Notice and termination Redundancy The Equality Act 2010 Holiday.
Interplay between the FMLA, ADA, and Workers’ Compensation Thomas Jovanovich & Lori Athmann &
FMLA 12 weeks of unpaid leave during a 12 month period At the end of the leave, employees are to be reinstated to the same or equivalent (not similar!)
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