Protection for agency workers starts tomorrow

The Agency Workers Regulations come into force tomorrow. These entitle agency workers, after three months in the job, to the same basic pay and similar conditions to permanent employees.

Their pay must be based on the same annual salary, including overtime and anti-social hours allowances, together with bonuses or commissions 'based on the amount or quality of the work done by the individual.'

Agency workers will benefit from the same rest breaks and annual leave as permanent staff and be subject to the same restrictions on working time and night work.

They will not be entitled to occupational sick pay, maternity pay or pensions or to redundancy pay.

Paul Chamberlain, employment partner at Brabners Chaffe Street, said: 'This is a powerful piece of legislation and if business are unprepared for the changes and fail to put the right systems in place in time, it could leave them vulnerable to employment tribunal claims as well as have major resourcing and financial implications.'

Alex Bearman, partner at Russell-Cooke, said agency workers would benefit from rights to communal facilities, such as staff canteens and child-care facilities unless the employer could objectively justify withholding access.

'Employers that use temporary workers should pay particular attention to the anti-avoidance provisions in the regulations,' he said. 'These provisions are intended to address a situation where a pattern of assignments is designed to deliberately deprive an agency worker of their entitlements.'