Workers supplied by a temporary work agency to work “temporarily for and under the supervision and direction of a hirer” are covered by the Regulations. These are workers commonly referred to as “temps” in the work place.
Upon completion of a 12 week qualifying period, an agency worker will be entitled to the same basic working and employment conditions as if they had been recruited directly by the hirer on day one of the assignment, whether as an employee or a worker. In identifying those terms, agency workers may compare their terms with direct recruits of the hirer working in “the same” or “broadly similar” role, not necessarily in the same office or establishment.
From day one, agency workers are entitled to the same access to job vacancies as permanent members of staff and collective facilities such as staff canteens, childcare facilities and transport services.
According to these regulations, unless the need for an agency worker is very short term, it is advisable to use an agency to simply source a temporary or permanent employee.
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