1. The webinar provided an overview of the Agency Workers Regulations which aim to provide equal treatment for temporary and agency workers in the UK after 12 weeks of an assignment. 2. It discussed key principles such as hirers being required to provide information to agency workers about vacancies and facilities. After 12 weeks, agency workers are entitled to equal treatment as permanent staff in terms of pay and basic working conditions. 3. The webinar covered topics like who is defined as a worker under the regulations, how to make comparisons to permanent staff, rights to bonuses and pay, and enforcement of the regulations.

1. AGENCY WORKERS REGULATIONS Webinar with Alyson Pellowe, Sian Hughes (People Vision) & Jon Heuvel (Penningtons)

4. Background and Overview

6. Key principles Hirer Must provide information to employee reps about use of temps on redundancies, TUPE transfers etc. Other Agency: but reasonable steps defence Hirer Equal treatment as if hired by hirer to do the same job – basic working conditions & pay After 12 weeks Hirer (although arguable claim may also be brought against agency) Access to facilities and vacancies: Includes canteen & similar facilities, child care & transport services – subject to objective justification Notify vacancies Day 1

7. Who is covered?

8. Which workers are covered? Individual supplied by agency to work under hirer’s direction and supervision Employee of agency Worker engaged under contract to perform work personally Not: if genuinely self-employed – operating profession/business undertaking Includes use of intermediaries Personal Service Companies?

10. Focus on equal treatment

14. What is covered by the equal treatment right? Holiday – Contractual & WT Regs Other working time rights – contractual & WT Regs Pay But can pay in lieu of contractual element Overtime duration of work, night work, rest periods & breaks

15. What is meant by pay? Any sums payable by hirer under contract or otherwise As if had been employee (or worker) of hirer Not a term by term comparison? Most cash payments And vouchers with monetary value exchangeable for goods/cash/ services But not …

16. What is NOT included in pay? Redundancy pay Sick/maternity/ paternity/ adoption pay Pension, retirement payments Payments for loss of office Benefits in kind Some statutory payments (e.g. time off for union duties) Loans “ Financial participation schemes” Distribution of shares, options or share of profits in cash/shares

17. Bonuses – when are they covered? Yes Bonuses linked to amount or quality of work – piecework, sales bonus, some performance bonuses C Not covered Would not be payable if had been an employee of hirer e.g. leavers B Not covered Bonus, incentive or reward “not directly attributable to amount/quality of work… given for a reason other than amount/quality of work” e.g. encouraging loyalty/reward long service A

20. Making the comparison

22. What is comparable treatment? If employer has standard pay scale/ structure or there is a “going rate” Pay at appropriate point of scale/at going rate, taking account of experience

23. What is comparable treatment? No pay scales or going rate or comparable employee/worker Pay always individually negotiated, & no custom & practice No need to match pay. But may need to match holiday if that is standard

24. Rights of access

25. Day 1: Access to collective facilities and amenities Canteen Childcare Transport Other? Objective Justification Guidance

27. Enforcement

31. Impact on employment status

33. Round-up

34. Maternity and ante-natal care Time off for ante-natal care Right to be offered alternative if suspended on maternity grounds

35. Practical preparation Is it feasible to rely on permanent contract exclusion? √ Other pay & allowances? Performance related salary reviews? √ Defining bonus – in or out? If it could be covered, how will it be assessed in practice? √ What mechanism/process would you apply to decide who is comparable/what terms would be if hired directly? Control over business use of temps – role for agency? √ Audit current use of temps and the cost. How do their terms compare in practice – will you be able to rely on the deemed comparator? √

36. Practical preparation Review existing agency terms √ Capturing information for employee consultation √ Access to information re vacancies – how are these posted, and are there any that aren’t? Are there any groups of workers without intranet access? √ What facilities are covered? Do you give access anyway? √ Control over agency responses to workers? √ System for providing information to agencies: what will agency expectations be? √

39. Thank you to our guest speaker – Sian Hughes - Jon If you run webinars and want to learn how to create the most effective ‘voice’ for this kind of online activity for yourself, then perhaps some vocal coaching and guidance might be of use? Contact : [email_address] UListen2.TV

40. “Thank-you for participating, we look forward to your feedback!” www.pvhr-recruitment.com www.pvhr.com 0845 459 9710