What are the Agency Workers Regulations and what new rights will they give me?

The Agency Workers Regulations, which came into force on 1 October 2011, are designed to tackle discrimination against agency workers in the workplace and the frequently worse pay, holidays and working time conditions they are engaged on.  The Regulations will give temporary agency workers the following rights:

From day one of an assignment agency workers will have a right to:

• equal access to collective facilities provided by the hirer (such as canteens, staff rooms, toilet and shower facilities, workplace crèches, car parking and transport services)
• information and the opportunity to apply for vacancies in the hirer’s workplace

After 12 weeks in the same role with the same hirer agency workers will have the right to:

• equal treatment on pay, holidays and working time
• improved pregnancy rights

Equal treatment rights for agency workers are not retrospective.  Any work done by an agency worker for a hirer before 1 October 2011 will not count towards a 12-week qualifying period. The first day that an agency worker can qualify for equal treatment on pay, holidays and working time entitlements will be 24 December 2011.

The new rights only apply to agency workers.  They do not apply to those seeking permanent work through an agency, nor do they apply to the genuinely self-employed who are running their own business.