Gives introductory guidance on the Protection of Employees (Temporary Agency Work) Act 2012 which was signed into law on 16 May 2012. Covers qualifying periods, retrospection, who the Act applies to, the effect of the legislation, exceptions, the hirer's obligations under the Act, the anti-avoidance clause, redress for contravention of the Act, and recent case law.

Introduction

The Protection of Employees (Temporary Agency Work) Act 2012 was signed into law on 16 May 2012.

The Act differs significantly from the Bill as initiated. In the first instance, it is only retrospective to 5 December 2011 in respect of pay and not any other basic working conditions. The concept of a comparable employee is gone and an agency worker’s entitlement is to the same basic working and employment conditions as an employee of the hirer.

There is also a new anti-avoidance provision inserted in Section 7 of the Act which prevents the use of successive assignments to circumvent any potential entitlements that an agency worker might qualify for, based on their service.

The Department of Jobs, Enterprise and Innovation has published a guidance document on the agency workers legislation.

Qualifying period and retrospection

To whom does the Act apply?

What is the effect of the legislation?

Is there any wriggle room?

What are a hirer’s obligations?

Anti-avoidance

Redress for contravention

Some recent case law

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