As we reported in Employment News on 9 May 2011, the Department for Business, Innovation and Skills published final guidance on the Agency Workers Regulations on 6 May.  A revised version has now been published, which includes the following changes:

  • emphasis on the fact that it is possible to identify basic working and employment conditions without a specific comparator;
  • confirmation that "non-contractual" bonuses that are paid as a matter of custom and practice could constitute "pay" for the purposes of the Regulations; and
  • clarification of how the exemption available where an agency worker is employed on a contract under which he is paid at a specified rate during gaps between assignments applies to holiday pay.

The regulations come into force on 1 October this year.