The Agency Workers Regulations Final Guidance was published on 6 May 2011. The Guidance provides useful assistance in applying the Regulations and gives clarity to the question of who falls within or outside the scope of the Regulations. The Guidance also clearly explains the two tranches of rights for agency workers:
- day 1 rights for which qualifying service is not required and which entitle the agency worker to access to facilities and information on job vacancies; and
- rights accruing after 12 weeks’ service to equal treatment in respect of pay and working conditions.
The Regulations come into force on 1 October 2011 and will not have retrospective effect. For workers already on assignment, the 12 week qualifying period will start from 1 October 2011.