Employment Agency Regs Question

CIS

I need some help on behalf on my brother.

He works for an agency who places him with an employer. The contract was specifically for him to be placed with the employer.

I understand that after 12 weeks constant placement with the employer from 1 Oct 2011 he will be entitled to terms and conditions equivalent to the company he is working at.

The contract has a specific number of hours in it (7.30-3.30 Mon-Fri) so its not zero hrs.

The agency are now saying that the employer needs to 'lay off' staff for a few weeks and that expectation is that the contract continues and they will be back with company after this period.

Can anyone confirm the following :

a) Does any 'lay off' period count as continuous employment for the 12 weeks (and beyond)

b) what happens after the 12 weeks if they want to 'lay off' the agency staff for a short period ?


Thanks in advance

agrinnall

The answer appears to be "it depends". There is information on DirectGov but it's impossible to say how it will be interpreted without knowing what the agency will do when the employer requires a break in the contract.

http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Agencyworkersandemploymentagencies/DG_198921

CIS

As far as I can see it there won't be a break in the actual contract, they're saying there's no work for the period and thus telling them to stay home but the contract is still in place. They've not been given anything to say the contract is ending but they can be re-employed once there is work again.

Hammyman

The new rules have been written to ensure that agencies can't put in place short breaks like this to break up the 12 week service and thus deny the agency worker equal pay.

Also it is just the basic pay that is equal after 12 weeks, not perks, holiday, pension or sick pay rights.

LittleVoice

Hammyman wrote: »

The new rules have been written to ensure that agencies can't put in place short breaks like this to break up the 12 week service and thus deny the agency worker equal pay.

Also it is just the basic pay that is equal after 12 weeks, not perks, holiday, pension or sick pay rights.

Depends what is meant by "perks". If if's car parking rights (and similar facilities), then that kicks in at day One, I believe.

Holiday allowance (and rest breaks) should be equal to directly employed comparator after 12 weeks. However any holiday above the statutory minimum can be rolled up into hourly/day rate.

paddedjohn

As long as the break is no longer than 6 weeks then the 12 week period is paused and starts again when he returns to work, as long as he goes back to the same role or similar as before.