Pubs face £5K fines over agency worker laws

The Agency Workers Regulations 2010 make it clear that the agency worker must have access to the same amenities and facilities as the permanent staff, such as car parking and staff rooms. This also includes information about job vacancies.

After 12 weeks, the agency worker is entitled to the same terms and conditions as if they had been recruited directly by the licensee.

However, the regulations are not retrospective — so the 12-week qualifying period will start only from 1 October.

The onus is, therefore, on the licensee to provide the agency with details of the basic terms and conditions, and if this is not met the licensee and agency could face an employment tribunal and a fine of up to £5,000.

Employment solicitor Matt Jenkin, partner at law firm Morgan Cole, added that calculating the 12-week qualifying period is not straightforward. He said: “For example, a break of no more than six calendar weeks with the agency worker returning to the same role with the same hirer will pause the clock.

“Breaks for maternity, adoption or paternity leave, on the other hand, will mean that the clock continues ticking. Where an agency worker begins a new assignment with a new hirer, the clock is reset to zero.”

Anti-avoidance measures are in place to ensure licensees and temporary work agencies do not prevent an agency worker from completing the 12-week period.

Jenkins added: “Licensees need to ensure they respond to requests for this information from the agencies that they use.”