The original Regulations, which come into force on 1 October 2011, provide that agency workers will have the same rights to pay, benefits, rest periods and holidays as someone recruited directly by the hirer after 12 weeks on assignment.
Adrian Marlowe, chairman of the ARC, said of the change to Regulation 10 “The ARC has long pressed for a change to the Swedish Derogation to address the anomaly that would arise if there is no break in an assignment, leaving the employer unable to comply with the conditions required to avoid the agency worker’s entitlement to equal pay. The amendment made addresses that issue to a large extent by providing that the obligation only arises after the end of the first assignment under the employment contract. As a result it should significantly reduce the prospect of claims being made on technical grounds. Particularly given that the government was clearly under some pressure not to make any amendments at all, this is most welcome, and now provides a far safer platform for agencies and hirers to use.”
# # #
ARC is a professional trade association providing a clear voice for recruiters. The association works with recruitment consultancies of all sizes and is committed to the positive promotion of recruitment business through good service and practise.