ALP urges food firms to gear up for Agency Worker Regulations

By Rick Pendrous

- Last updated on GMT

Related tags Agency workers Employment

ALP urges food firms to gear up for Agency Worker Regulations
The Association of Labour Providers (ALP), which represents agencies providing labour in the UK, is urging food companies using agency workers to partner agencies in preparation for the Agency Worker Regulations (ALR).

UK food manufacturers could be liable to pay compensation​ to agency workers if they fail to treat them on equal terms to directly employed staff under the Agency Workers Regulations (AWR), which come into force on October 1.

The legislation seeks to provide the same rights for agency workers as directly employed staff, and compensation due to a worker could be increased by a further £5,000 if employers are found to be trying to avoid treating him or her equally.

The AWR covers basic working and employment conditions following a 12-week qualifying period, and the Department for Business, Innovation and Skills (BIS) has just launched draft guidance to support implementation of the AWR.

ALP director David Camp said: “These regulations further legitimise and embed the use of agency working as a key component of the UK flexible labour force. It is essential that those food manufacturers that use agency workers work in partnership with their labour providers now to prepare for this legislation.”

Briefings and workshops

The ALP is organising briefings and workshops to help members prepare for the AWR, so that they in turn can advise clients within the food processing sector; the ALP has also invited food manufacturers using agency staff to get involve as associate members.

“If [employers] are already paying pay parity and equal terms it will have marginal impact,” ​said Camp.“If there is a substantial difference between the pay and conditions for their permanent workers compared with their agency workers, then it would have the potential to have significant impact.”

Under the AWR any agency worker filling the same role – whether full or part-time – for 12 continuous calendar weeks is entitled to the same basic working and employment conditions as permanent staff on: pay; working hours, night work; rest periods and annual leave.

Legitimate exemptions

Workers in business on their own account such as the self-employed or those working through a limited liability company will not fall within scope of the regulations; however, those employed via umbrella companies or other intermediaries will be.

The ALP said a new qualifying period only begins if a new assignment with the same employer is substantively different, or given a break of six weeks or more between assignments in the same role. Holiday or illness will not count towards a break period.

Pay is based on the principle of ‘equal pay for work done’, and covers basic pay plus other contractual entitlements such as shift allowances, unsocial shift premiums, vouchers with a monetary value and bonuses linked to quality/quantity of work done.

Equal access to facilities

However, the ALP said pay excludes profit-sharing schemes, occupational pension contributions and occupational sick pay, redundancy pay and maternity pay (or similar benefits), organisational performance benefits and profit sharing schemes/share ownership schemes.

The AWR provides for equality of terms and conditions in various other areas, such as access to facilities and vacancies such as canteen, childcare, transport services and protection for pregnant women.

But the ALP said that agency-employed workers, who have employment contracts providing for payment while they are between assignments, will be considered outside the scope of the AWR in relation to equal treatment on pay.

Related topics Legal

Related news

Follow us

Featured Jobs

View more

Webinars

PRODUCTS & SERVICES