New rights for temporary staff

Jul 6, 2011

Caravan Parks are likely to be affected by the up and coming Agency Workers Regulation which comes into force on 1 October 2011. The new regulations will apply to temporary staff who have been supplied and contracted to you by temporary work agencies. 

The new regulations will allow temporary staff to enjoy the same rights as any comparable staff that you employ direct. You must also give temporary staff the same entitlement to pay, annual leave, rest periods or rest breaks and shift times as with comparable staff. 

Note you will only have to comply with the regulations if :-

1. You directly employ a worker who is doing similar work to the agency worker and 

2. The agency worker has worked in the same role with you continuously for 12 weeks. If you substantially change the role of the agency worker during the first 12 weeks then their 12 week qualifying period is broken and will start again when the new role starts. 

However although the new regulations will greatly improve the status of temporary staff,  they are likely to make you (as an employer) see using temporary agency workers as a less attractive and more costly option. Now may be the time to review how you recruit your temporary staff and how you use agency staff. 

For more information, please contact Nick Dyson, Partner, Blacks Solicitors email:- ndyson@lawblacks.com or telephone 0113 227 9344