Implementing the Agency Work Directive

The Government has published a consultation document on implementing the Agency Work Directive. We expect full Regulations to be published in the Autumn and they are likely to take effect early next year.

Note that even if there is a change of Government following an election, the Directive will still need to be implemented.

The Regulations will transform the way in which agency workers are engaged in this country – but they will not have the effect of making agency workers employees or giving them the right to claim unfair dismissal. The main impact will be on the employment terms – particularly pay and holidays – which agency workers are entitled to once they have been on an assignment for 12 weeks. It is important to realise that both agencies and end users will have legal obligations to meet.

When the Regulations are finalised, all employers who use agency workers will need to get up to speed in time for the new regime. We will be running in-house courses for clients on this issue from October onwards when the details of the new rules become clear. To arrange a course in your organisation contact Paul Gasowski on 0208 943 1099 or email him at : paul@incotraining.co.uk

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