Agency Worker Directive and Regulations 2010
Following further representations we have revised the chapter on Pay between Assignments to make the provisions and requirements clearer particularly in relation to treatment of annual leave. We would also like to thank everyone who pointed out the mistake on the definition of "pay" - final bullet should not have been included. Other minor amendments have been made to improve the guidance but no changes of substance.
The guidance for agency supply teachers has been published separately on the Department for Education website and can be accessed here (Guidance for supply teachers).
Again we would like to thank everyone who has been involved in the development of this document. Guidance for agency workers should be available shortly on the direct.gov website.
Agency workers regulation - Guidance (PDF, 329 Kb)
Ministerial Statement : 19 October 2010
Edward Davey statement : Agency Workers Regulations 2010
Baroness Wilcox statement: Agency Workers Regulations 2010
Parliamentary process
On 21 January 2010 the Agency Workers Regulations 2010 were laid before Parliament, and will come into force on 1 October 2011. This followed earlier consultations (May - July 2009) on proposals for implementing on the basis of the CBI/TUC agreement; which also invited views on when the Regulations should come into effect. This in turn was followed by a Consultation Paper (October – December 2009) on draft Regulations, and which also invited views on issues to be covered in Guidance.
Agency Worker Directive
The main purpose of the Agency Worker Directive (AWD) is to ensure the appropriate protection of temporary agency workers through the application of the principle of equal treatment and to address unnecessary restrictions and prohibitions on the use of agency work. The AWD follows similar directives on fixed-term and part-time work (which were based on European social partner agreements). Under the Directive 'equal treatment' relates only to basic working and employment conditions of temporary agency workers (eg pay, working time). The Directive does not affect the employment status of temporary workers.
The Directive allows the UK to implement the agreement reached on the 20 May 2008 between the CBI and the TUC, which means that after 12 weeks in a given job, an agency worker will be entitled to equal treatment (at least the basic working and employment conditions that would apply to the worker concerned if s/he had been recruited directly by that undertaking to occupy the same job).
TUC and CBI agreement
The agreement sets out how fairer treatment for agency workers in the UK should be promoted. Agreement was reached on a variety of issues including that after 12 weeks in a given job an agency worker would have an entitlement to equal treatment (at least the basic working and employment conditions that would apply to the worker concerned if they had been recruited directly by that undertaking to occupy the same job). It was agreed that occupational social security schemes would be outside the equal treatment provisions. This agreement helped break the deadlock on discussions in the EU by providing a basis on which the UK and other Member States could agree the AWD.
Consultation Paper published
The Consultation Paper on implementation of the Agency Workers Directive was published on 8 May and the closing date for responses was 31 July 2009.
The consultations on the draft regulations was published on 15 October 2009 and closed on 11 December 2009. The Government's response was published on 21 January 2010.
