Agents for Change?
Priya Nainthy, Employment Law Partner at Jackamans Solicitors, discusses the issues surround- ing the new Agency Worker Regulations.
Priya Nainthy The Agency
Worker Regulations 2010 came in to force on 1st October 2011. In brief, these Regulations entitle temporary agency workers to receive the same treatment as the permanent employees they are working with in relation to basic employment terms and conditions. There are a large number of agency workers in the UK and so it is envisaged that these Regulations will have a significant impact on both businesses and individuals.
When looking at the Regulations, the first question to ask is who do they apply to? An agency worker is defined as someone supplied by a temporary work agency to work temporarily for the hirer. It is therefore clear that there will be three parties involved: the worker, the agency and the hirer. Only the genuinely self-employed will not be covered.
In order to be entitled to receive equal treatment, an agency worker
must have completed 12 continuous weeks of an assignment in the same role. Once this qualifying period has been completed, the agency worker is entitled to the same basic terms and conditions of working and employment as the permanent employees in relation to pay, duration of working time, length of night work, rest periods, rest breaks and annual leave.
There are also rules on how the quali- fying period can be broken. Where there is a break of more than six cal- endar weeks either during or between assignments then continuity will have been broken and the qualifying peri- od clock will start again. However, if the break is for less than six weeks, then continuity will merely have been suspended. The clock is therefore deemed to have stopped but is not reset. Instead, it simply continues when the assignment restarts.
There has been much publicity about these Regulations. As I said earlier, the UK has a large number of agency workers. It remains to be seen, howev- er, how employers who regularly use agency workers will react to these new measures. Will it be a case of embracing the change and allowing equal rights to accrue or will there be a revolving door after 11 weeks of an assignment?
Priya Nainthy has acted over a num- ber of years for employers involved in a wide range of businesses from small companies to large plc's. He also regularly advises and represents employees. For further information about this article or any of the employment law services provided by Jackamans contact Priya Nainthy on 01473 255591 or at: priya.na
The Ghan - legendary Australian Rail
This transconti- nental adventure offers an unsur- passed view of Australia - North to South over three unforget- table days. Travel by rail between Adelaide, Alice Springs and Darwin and you
are embarking on one of the great train journeys of the world. Named after the Afghan cameleers who once traversed this route, The Ghan will take you from one edge of this conti- nent to the other, through the very centre of Australia.
A journey on The Ghan is an incompa- rable way to travel to the two jewels of Australia's Northern Territory - the Red Centre and the tropical Top End. No journey aboard The Ghan is com- plete without taking in both of these must-see destinations.
The Ghan's timetable makes the most of the daylight hours to offer unsur- passed views of the passing land- scape. From the sweeping Adelaide Plains unfolding before your eyes to the majestic Flinders Ranges, this first stage of the journey offers a perspec- tive on South Australia you simply can't afford to miss.
Each new day begins with a fresh panorama of this changing landscape. Red earth and cobalt blue skies - the essence of Central Australia takes on a character of its own with every pass- ing hour.
Leave the train in Alice Springs to tour locations close to Australia's heart with Whistle Stop and Optional Tours. These tours, which last from a few hours to a few days, include an extraordinary range of opportunities for discovering the region's most fas- cinating sites.
Entering the Top End, the landscape mellows with subtropical flora staking its claim over the passing scenery. Whistle Stop Tours in the northern town of Katherine offer you the opportunity to experience the inspir- ing wonders of Nitmiluk (Katherine Gorge) before your rail journey con- cludes in tropical Darwin, the relaxed capital city of Australia's Northern Territory.
Of course, you can always travel from Darwin to Adelaide - it's just as impressive.
5 things you should know:
Only train to traverse a continent North to South
Red, Gold and Platinum services available plus private carriages All meals included in journey
On-call cabin steward available
One of Australia's iconic experiences
Please mention the Flyer when responding to advertisements. www.flyeronline.co.uk
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