• Keep a database of all agency workers being utilised across your organisation and update it regularly. This database should capture the parts of your business in which the agency workers are working and the type of work they are carrying out.
  • Difficulty in gathering the relevant information is no excuse – a tribunal will not be sympathetic to arguments of practicality. It is, in any event, sensible to keep an up-to-date database to ensure compliance with the Agency Workers Regulations 2010.
  • Ensure that staff responsible for conducting any collective consultation exercise are aware of the requirements set out in section 188 Trade Union and Labour Relations (Consolidation) Act 1992. In addition, it is important that regular meetings take place between HR and managers, as appropriate, during the consultation exercise to ensure the requirements are being met.
  • If you fail to provide information about agency workers at the start of a consultation process, provide it later on. Do not fail to provide it altogether as this will look like you have made no attempt to remedy any initial failing.  It will be better to recognise where the process has fallen down, as opposed to carrying on in denial.
  • Be prepared to reopen or extend consultation in order to address any failings in the initial consultation process. Although this may result in some practical difficulties, it could be better than facing significant protective awards.
  • Finally, remember that the provision of information about agency workers relates to your organisation as a whole. It is not enough to simply provide information about agency workers based at the place or places of work where consultation is taking place. Employees may be prepared to be redeployed into jobs carried out by agency workers at different locations. Do not make any assumptions.