Agency Worker Regulations for Hotels

Many hotels see agency staff to be a significant asset to their business, especially in supporting seasonality issues when flexibility is essential, so it is important that they are aware of the forthcoming regulations.

The new Agency Worker Regulations 2010 were initially published on 20 January 2010 and will come into effect on 1 October 2011. The rationale for the delay in implementation has been to give employers sufficient time to adjust to what will potentially be a significant change in the way they work.  

The basic principle underlying the Regulations is the right to equal treatment for agency workers, as compared to permanent employees.  The Regulations give an agency worker the right to the same basic working and employment conditions as that worker would have been entitled to for doing the same job had he been recruited directly by the employer.  This does not cover all contractual terms, but there will be two types of new rights which agency workers will be entitled to - rights they will receive from the commencement of any placement and rights which they only get after they have been working in the same role with the same employer for twelve continuous calendar weeks.  These rights include :

Rights from the outset of employment

• Access to collective facilities and amenities provided by the employer.  The Act does not include a full list of these, but examples include canteens and child care facilities
• They are to be provided with the same information of relevant vacant posts, includng via a notice board or the intranet (as long as agency workers had equal access to the intranet)

The employer is solely responsible for any breaches of these rights and responsibility does not pass to the agency. 

Rights after the 12 continuous week qualifying period

Workers are entitled to equal treatment in respect of :

• Sums payable to the worker in connection with the worker’s employment.  This includes holiday pay, paid bank holidays, overtime rates, shift allowances, unsocial hours premiums and bonuses related to performance
• Duration of working time
• Night work, rest periods and rest breaks
• Annual leave

Liability for a breach of these entitlements falls on either or both the agency and/or the employer and is split between them to the extent that each is responsible.

These Regulations could have a significant impact on hospitality businesses and hotels, we would recommend that companies review their use of agency staff, determine any measures needed to prepare for the Regulations and if necessary seek professional legal advice before 1st October 2011 to ensure that they are ready.

Contact us for more information about working with flexis.