With the Agency Worker Regulations (coming into force on 1st October 2011), 40 pages of Regulations have 50 pages of guidance to explain them! Even so, people can still get confused, and become convinced that they have to do things that are not required.
The long-term carer, supplied by an agency to my mother, to help look after my father has been advised by his manager that the Agency Worker Regulations means that he must swop assignments every 12 weeks.
Of course, the Regulations say nothing of the sort. And the agency’s concern, that there would be some problems if the carer was on long term assignment, is a huge misreading of the Regulations as my mother has no other employees, let alone ‘comparators’, whose terms of employment might influence what the carer’s terms should be
So, after a phone call to the agency, the situation is now sorted out - and my father will not be faced by unnecessary rotation of his carer. But this is not an isolated case, and through my father’s carer I am aware of other agencies who are also misreading the Regulations.
I am also hearing rumours that temps must be taken on as permanent employees after 12 weeks (not so). Many clients think they can simply swop the agency the temp works for and keep the same temp (some kind of ‘ring’). This is also not true as there are anti avoidance provisions.
Before you listen to rumour or read the endless regulations and guidance, you might appreciate our
Annabel Kaye is Managing Director of Irenicon Ltd, a specialist employment law consultancy.
Tel: 08452 303050 begin_of_the_skype_highlighting 08452 303050 end_of_the_skype_highlighting Fax: 08452 303060
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Member since: 23rd January 2012
My passions in life are employment law, argentine tango and gardening; not necessarily in that order.
I love improvising a solution against complex rules and making it look good - whether it is in business...