2. The agency worker will be entitled
to the same basic terms &
conditions, as if they had been
employed by the employer as
opposed to the agency
3. These Rights Include
Pay
Night Working
Working Time
Rest Periods
Rest Breaks
Annual Leave
Time off for ante-natal appointments
4. Calculating the 12 week period
This is 12 calendar weeks
Weeks are based on any seven day period
starting from the workers first day
It isn't based on the number of hours worked
within a week
5. The 12 week period is broken by
The worker beginning a new assignment with
a new employer
The worker staying with the same employer
in a new job
The worker having a break of 6 weeks or
more between working for the employer
6. The 12 week period is paused by
The worker returns to the same employer in
the same job within 6 weeks after leaving for
any reason
A break of up to 28 weeks due to sickness
In these circumstances, the previous period
of work is “banked” towards the 12 week
period
7. Other Permitted Breaks
Up to 28 weeks due to Jury Service
A break caused by a regular and planned
work shut down
Strikes and industrial action
8. What is a “new job”breaking the
12 week period?
Use of different skills or competencies
Different rate of pay
Different location
Work for a different line manager
Work different hours
The work requires additional training or a
different qualification
Use different equipment
9. The clock continues to tick in
relation to the qualifying period if
the worker has a break due to
maternity, paternity or adoption
leave.
In the former case, it stated that the equal pay claim must have been in existance at the time of the transfer. The transferee has no obligation to put you on better benefits than you were enjoying before. There is a time llmit of 6 months from the date of transfer I would still advise you to be careful in the long run In the second case, preserving an employees TUPE rights, 2 years on, was a valid defence to an equal pay claim
