Guidance Notes

The BIS has published the final guidelines on the Agency Workers Regulations.

The guidelines vary very little from the draft published last month, with mostly just tweaks to clarify wording.

“Amongst other things they provide greater clarity on Regulation 10 and the use of the Swedish derogation contract of employment. In particular, we were delighted to see that the 4 weeks at half pay or NMW will not have to be paid if the agency worker resigns.”

In a statement Employment Relations Minister Ed Davey said:

“The agency sector is a key part of the UK’s flexible labour market. It provides the flexibility needed for employers to meet surges in demand, cover temporary absences or cope with seasonal fluctuations and provides a route into employment for thousands of individuals.

“We looked carefully at the possibility of amending the Regulations to address employers’ concerns but were forced to conclude that we could not do so without putting the 12-week qualifying period at risk. This qualification period is something that is a key flexibility that we know is vital to business.

“Our focus therefore has been on providing the best possible guidance to help everyone affected understand these regulations.”

Final guidance

Download the final Agency Workers Regulations Guidance notes.