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Wednesday 4 August 2010

Agency Workers Regulations: do we have to provide temps with car parking spaces?

* Guest blog from Nel Woolcott, Recruitment Partner

I’m still wading through the comprehensive notes I made following our Breakfast Law Briefing where Tom Hadley, director of external communications for the REC spoke.

His presentation on the Agency Workers Regulations was excellent – he was obviously incredibly knowledgeable, and very passionate, about his subject.

He shared some very interesting points and valuable insights.

He has been involved in high level discussions about the finer points of the Regulations which will be in place by October 2011.

The Regulations overall say that, after a 12 week assignment, temporary workers must receive comparable pay and benefits to a permanent employee doing the same job.
It’s the ‘benefits’ part of that which could be the most challenging part for employers to manage.

According to Tom the discussions and feedback they have had is that generally it is felt temporary staff won’t quibble over the odd few pennies an hour difference in their salary to that of employed staff.

“It’s collective facilities which can become a big issue, things like access to the canteen, on-site gym or car park,” Tom told our seminar.

Generally, the regulations will give temps the right to enjoy those perks, if staff do. But there is a ‘get out’ clause for employers. If the number of car park spaces is restricted or the gym is very small for instance employers won’t be obliged to offer the facility to temp workers.

It is those kinds of issues which we will be discussing with our clients before the cut off date of October 2011 to ensure they have a transparent policy in place.

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