Management Information Sheet
Agency Worker Regulations 2011
You will need to read and act on this guidance if your school uses workers from an agency who are paid by that agency. If your school does not use agency workers, this guidance will not apply to you.
Guidance for Schools: Agency Worker Regulations 2010
The purpose of this advice is to help schools navigate some very complex Regulations which came into force on 1 October 2011. These Regulations are the UK's response to complying with the European Union's 'Agency Worker Directive'.
What rights will agency workers covered by these regulations accrue?
They will accrue equal treatment with a directly employed person doing the same or similar job regarding the following entitlements:-
From day 1 they will have rights to:
equal access to any communal facilities
equal access to information about relevant vacancies (but not in circumstances where preferential treatment needs to be given to permanent staff at risk of redundancy)
Once the 12 week qualifying period has been met they will have rights to:entitlement to the same basic pay and conditions and paid time off for ante natal appointments
It is important to note that this entitlement to the same basic pay and conditions may result in an increased cost to the school. Schools will need to be clear about their arrangements with agencies in this regard.
Is this likely to impact my school and what steps can I take?
If you use temporary workers from an agency who continue to be paid by that agency they will be covered by the regulations.
If an agency worker has access to all the facilities at your school and receives the same rate of pay and basic terms of conditions of employment (including holiday pay), the impact is likely to be limited to potential requests for information on facilities and pay.
Where an agency worker does not currently have access to full facilities or is paid at a lower hourly rate or has less annual leave entitlement than a directly employed person, arrangements will need to be made to meet the requirements under the regulations from 1 October or after the 12 week qualifying period as appropriate.
Where you have future temporary cover requirements you may wish to consider the following options which are not covered by the regulations:
individuals directly recruited by schools on a temporary basis
individuals obtained via the NCC Internal Supply Teacher Service *
individuals obtained via the NCC Internal Temp Staff Register*
individuals who are genuinely self employed (e.g. IT consultants)
* this does not apply to academies - NCC would be acting as a supplier to a third party and the regulations would potentially apply
Who has responsibility as the hirer of agency workers and how does this impact on the 12 week qualifying period?
Click here for a brief table outlining this information depending on the school classification
Does the Local Authority intend to offer any training to support schools in understanding and operating these Regulations?
Training will be organised to support schools through this change and this will be held later in the Autumn Term. Further details and course booking arrangements will be notified in a later MI sheet
On a practical level, can you support schools in relation to capturing relevant data and information?
You may wish to contact your temporary agency provider for agency workers currently on assignment with you to determine the framework they have in place to support their customers in respect of the Agency Worker Regulations.
Click here for a checklist of requirements that you may wish to discuss with your temporary agency provider
The following documents may assist depending on the arrangements your agency provider has in place:
Click here for a document to record facilities that the school has and which agency workers will be entitled to access to share with your agency worker and agency provider
Click here for a template of Agency Worker Regulations data - to capture pay, annual leave and other relevant information to share with your agency provider
Click here for an Agency Worker Record Sheet template - to record the hours worked by the agency worker and to determine when they have reached the 12 weeks qualifying period.
Where is further advice available?
Click here to access the link to the Department for Business Innovation and Skills (BIS) comprehensive guidance.
Click here to access supplementary guidance provided by the Department of Education with regard to agency workers and supply teachers.
Click here to access frequently asked questions on the Agency Worker Regulations published by the LGE.
Guidance for Schools: Agency Worker Regulations 2010
The purpose of this advice is to help schools navigate some very complex Regulations which came into force on 1 October 2011. These Regulations are the UK's response to complying with the European Union's 'Agency Worker Directive'.
What rights will agency workers covered by these regulations accrue?
They will accrue equal treatment with a directly employed person doing the same or similar job regarding the following entitlements:-
From day 1 they will have rights to:
Once the 12 week qualifying period has been met they will have rights to:
It is important to note that this entitlement to the same basic pay and conditions may result in an increased cost to the school. Schools will need to be clear about their arrangements with agencies in this regard.
Is this likely to impact my school and what steps can I take?
If you use temporary workers from an agency who continue to be paid by that agency they will be covered by the regulations.
If an agency worker has access to all the facilities at your school and receives the same rate of pay and basic terms of conditions of employment (including holiday pay), the impact is likely to be limited to potential requests for information on facilities and pay.
Where an agency worker does not currently have access to full facilities or is paid at a lower hourly rate or has less annual leave entitlement than a directly employed person, arrangements will need to be made to meet the requirements under the regulations from 1 October or after the 12 week qualifying period as appropriate.
Where you have future temporary cover requirements you may wish to consider the following options which are not covered by the regulations:
* this does not apply to academies - NCC would be acting as a supplier to a third party and the regulations would potentially apply
Who has responsibility as the hirer of agency workers and how does this impact on the 12 week qualifying period?
Click here for a brief table outlining this information depending on the school classification
Does the Local Authority intend to offer any training to support schools in understanding and operating these Regulations?
Training will be organised to support schools through this change and this will be held later in the Autumn Term. Further details and course booking arrangements will be notified in a later MI sheet
On a practical level, can you support schools in relation to capturing relevant data and information?
You may wish to contact your temporary agency provider for agency workers currently on assignment with you to determine the framework they have in place to support their customers in respect of the Agency Worker Regulations.
Click here for a checklist of requirements that you may wish to discuss with your temporary agency provider
The following documents may assist depending on the arrangements your agency provider has in place:
Click here for a document to record facilities that the school has and which agency workers will be entitled to access to share with your agency worker and agency provider
Click here for a template of Agency Worker Regulations data - to capture pay, annual leave and other relevant information to share with your agency provider
Click here for an Agency Worker Record Sheet template - to record the hours worked by the agency worker and to determine when they have reached the 12 weeks qualifying period.
Where is further advice available?
Click here to access the link to the Department for Business Innovation and Skills (BIS) comprehensive guidance.
Click here to access supplementary guidance provided by the Department of Education with regard to agency workers and supply teachers.
Click here to access frequently asked questions on the Agency Worker Regulations published by the LGE.