Enhanced equality for agency workers provides a headache for employers, warns Sarah Johnson
“Getting a temp in” has been a popular solution to staffing issues, with around 1.3 million agency workers in the UK labour market. The attraction of using temps declined this month when the Agency Workers Regulations 2010 (SI 2010/93) (the regulations) came into force on 1 October. They aim to improve the position of many temps working alongside permanent staff who enjoy substantially better terms. The Department for Business Innovation and Skills has provided helpful guidance on the regulations (see www.bis.gov.uk).
Who is covered?
The regulations apply to agency workers who are supplied by a temporary work agency to work temporarily for and under the supervision and direction of a hirer, and have either an employment contract with the agency or another contract to perform work or services personally.
Agencies could include traditional employment businesses or intermediaries, such as umbrella companies, involved in the supply of the agency worker. Examples of arrangements not covered are:
- genuine self-employment (where the agency or