The final guidance on agency workers was published last month and can be accessed here.

The guidance is aimed at helping employers and those in the recruitment sector to understand the new Regulations which are due to come into force on 1 October 2011.

The main change which the Regulations themselves will bring is a right for agency workers to enjoy equal treatment in terms of basic terms and conditions (including pay) once they have been employed on an assignment for 12 weeks. There are also a number of rights which an agency worker will have from their first day of employment, including the right to be told about relevant vacancies and to have access to on-site facilities.

In respect of the guidance, there are several changes between the draft which we previously reported on and the final version which has now been published. The final version suggests that an agency worked can establish equal treatment as regards basic employment conditions without identifying a comparator. The final guidance also gives more clarity as to the circumstances where a bonus can be considered part of pay in deciding equal treatment.