Day One Provisions

The other Equal Treatment provisions in the Agency Workers Regulations that come into force from 1st October 2011 are called ‘Day-One provisions’ which mean, of course, they are available from Day One of the assignment (you do not need 12 weeks service). These are:

1. Agency Workers will have the right to be told of any relevant vacancies at the client’s organisation during their assignment (in whatever is the normal way that direct employees are informed of internal vacancies) and have the right to apply for such vacancies. The only exception is where internal vacancies are ‘ring-fenced’ for existing staff due to redeployment/restructuring/redundancy situations.

2. Agency Workers have the right to be treated no less favourably than a comparable worker in relation to collective facilities and amenities at the hirer’s workplace, which could include canteens, toilets/shower facilities, childcare facilities and parking facilities (if there is a waiting list for any such facilities the Agency Worker would join the waiting list along with the hirers direct employees).

3. Agency Workers will also have the right not to suffer a detriment for asserting their rights under the Regulations.

4. Agency Workers will have some limited unfair dismissal rights relating to a dismissal that they can show was related to reasons connected to the AWR – as long as they had been employed in a contractual relationship with the supplier (TWA) for at least 12 months.

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