Agency Workers Directive

04 March 2011

The Agency Workers Directive (AWD) will be implemented on 1 October 2011. The purpose of the Directive is to provide temporary agency workers with equal treatment in terms of basic working and employment conditions as if they had been employed directly to do the same job. The implementation of the Directive will have major implications on the costs and use of agency workers. The Directive does not affect the employment status of temporary workers.

In summary, the AWD will mean that agency workers in the UK:

• Will receive “equal treatment” compared to permanent staff after being employed for 12 continuous calendar weeks
• Will be entitled to the same pay, holidays, working time (inc. night work), overtime, breaks and rest periods as comparable to permanent workers
• Will have equal access to collective facilities (e.g. canteen, childcare facilities, transport services)
• Will have access to information about permanent employment opportunities and access to training

The directive will not cover occupational schemes, including sick pay, pensions or financial participation schemes.

Further increases in costs of agency staff can be expected from October 2011 when the AWD comes into force.  It is expected that agencies will increase fees in order to meet their increased costs, especially for those staff employed after the 12 week qualifying period.  There will also be the potential costs of providing holiday entitlement and access to facilities.  Without a planned approach to temporary staff, employers will see a rise in these costs.

Implications for Managers at LJMU

If you are currently employing a member of staff via an agency you should seek immediate advice from your HR Adviser.

If in the future you require short-term cover, perhaps to cover sickness, you should seek advice from your HR Adviser.  Remember the University has a redeployment register of experienced staff who are at risk of redundancy.  You may well be able to select a suitable candidate from the register.

For any other queries about the Agency Workers Directive, please contact Samantha Birkett, HR Manager, S.J.Birkett@ljmu.ac.uk