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Agency Workers Regulations 2010
The Agency Workers Regulations 2010 are now in force. As of Saturday 1 October 2011, temporary workers who are provided through an agency will be entitled to:
1. equal treatment in regard to pay and basic employment and working conditions – this is subject to a 12-week qualifying period;
2. right of access to on-site facilities (e.g. canteen, child care facilities etc) and information about vacancies – this is from day-one of their assignment; and
3. a response to requests for information about their treatment.
In addition hirers will need to include specific information about agency workers as part of collective consultation exercises, and temporary work agencies must include the agency workers in its headcount for certain consultation thresholds.
There are limits to the Regulations, for example those who are genuinely in business on their own account should not be covered. Also, there are exceptions in relation to equal pay for agency workers who have a qualifying permanent contract of employment with the temporary work agency which provides for them to be paid between assignments.
The right to equal treatment only applies to “basic employment and working conditions”. So some terms such as pay, annual leave etc must be matched, but others do not (e.g. occupational pensions, certain types of benefits in kind, comparable contractual notice etc).
A point to note is that the 12-week qualifying period for entitlement to equal treatment does not have to be continuous, some changes or breaks in work will end the accumulation of the qualifying period, others will put it on hold, and in some instances the qualifying period will continue to accrue when the worker is absent. Also, there are strong anti-avoidance provisions to protect against structuring assignments to avoid the Regulations.
Actions:
• identify what on-site facilities the hirer needs to provide and how vacancy information will be disseminated;
• calculate when the 12 week qualifying period is met;
• define terms of employment that must be replicated for agency workers;
• ensure exchange of the appropriate information between the three parties;
• update collective information procedures;>br>
• train relevant managers on agency workers rights.
Date posted: 03-Oct-11
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Minimum Wage Increase Announced
Minimum Wage Increase Announced
The government has announced that the adult national minimum wage will increase by 15p an hour, to £6.08, from 1st October 2011.
Other increases are:-
18-20 year olds: by 6p to £4.98ph
16-17 year olds: by 4p to £3.68ph
apprentices: by 10p to £2.60ph
Date posted: 10-May-11
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Co-Funding?
A leading employment lawyer has warned that the Government's skills strategy has the "potential for legal problems" over the compulsion of larger businesses to pay for training.
Under the plans, unveiled this week, large businesses will be expected to fund staff training, although the coalition plans to co-fund some training at small and medium enterprises (SMEs). Employees may also be expected to have a licence to practice certain professions.
Owen Warnock, partner at international law firm Eversheds, said: "Compulsory levys would not only add to an employer’s cost base, but they could also give rise to legal disputes about the interpretation of the regulations.
"There will need to be a means of enforcement and employers will need to set up systems to check licences. It could mean a lot of bureaucracy, but on the other hand it could also help to deliver much-needed skills in shortage fields."
However, the HR community has broadly welcomed the strategy, designed to develop a "skilled workforce to stimulate private-sector growth", including an expansion of apprenticeships.
Date posted: 18-Nov-10
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Increase in Minimum Wage
Increases in the minimum wage commencing October 2010:
Adults 21+
Was £5.80 Now: £5.93
18-20 year olds
Was £4.83 Now: £4.92
16 & 17 year olds
Was £3.57 Now: £3.64
Date posted: 20-Aug-10
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Maternity / Paternity
The Government is expected to announce proposals to make the second six months of maternity leave transferrable between parents.
According to reports, the Government will say fathers will have a legal right to take the place of the mother at home for the last three months of her nine-month maternity leave.
During that time they would be eligible for statutory government pay of £123 a week.
They will then be allowed to take an additional unpaid three months off, which would allow parents to have a total of 12 months' leave between them.
The Government plans to allow parents the right to essentially swap maternity leave, with fathers also being to take on some of the mother's entitlement, is part of its drive to allow more flexibility in the workplace for parents. It remains to be seen whether fathers will feel able to take the extended period of leave to look after a new baby.
TUC General Secretary,Brendan Barber stated: "These proposals will help millions of people balance their work and family life. As both parents work in most modern families, it's right that mums and dads should decide who looks after their baby, rather than the state deciding for them by only paying the mother for parental leave.
Business lobby groups have opposed every new family-friendly right, from flexible working to extended maternity pay. But in reality these changes have hugely benefitted millions of families and have had no damaging effect on businesses.
Date posted: 28-Jan-10
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