A report from the CIPD regarding agency workers In the ‘Good work plan’, published in December 2018, the government made a commitment to abolish a legal loophole known as the ‘Swedish derogation’ in the agency worker rules. This allowed agencies to opt out of equalising the pay of agency staff with the permanent workforce, when the worker had been with the same employer for more than 12 weeks, by paying agency workers between assignments. The opt-out ceases on 6 April 2020 when the Agency Workers (Amendment) Regulations 2019 come into force.
Agency workers also become entitled on this date to a ‘Key information’ document, specifying what type of contract they are on, their rate of pay, how they will be paid and by which company.
Annual leave The government is lengthening the reference period for determining an average week’s pay from 12 weeks to 52 weeks from 6 April 2020 - see the Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018. The reform is intended to improve the holiday pay for seasonal workers, who tend to lose out over the way it is currently calculated.
Statement of terms Both employees and workers must receive a statement of ‘written particulars’ (basic employment terms and conditions) as a day one right from this date (see Part 3 of Employment Rights (Miscellaneous Amendments) Regulations 2019). Both became entitled to an itemised payslip on this date last year.
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