Information for agency workers
Induction
Agency workers should be given an induction to ensure they settle in quickly to their role. They should be given a guided tour (if relevant) of the offices and general facilities such as bathrooms, rest areas, canteens to help them get their bearings. In addition the worker should be provided with information on relevant policies that must be adhered to at all times including the Health and Safety policy and procedures which should be explained to them. All tools and equipment necessary for them to undertake the job role must be provided.
Facilities and relevant vacancies
An agency worker may make a written request for equal access to collective facilities or relevant vacancies.
We will respond in writing within 28 days with:
- relevant information about access to collective facilities and access to vacancies
- our reasons for the treatment of the agency worker regarding access to collective facilities and vacancies
Equal treatment
After 12 weeks, an agency worker is entitled to the same basic employment and working conditions as employees. If they believe this not the case, they should make a written request to their agency for further information.
The agency must provide a written response within 28 days. This should set out relevant information about the basic working and employment conditions of our employees.
If the agency does not respond within 30 days:
- the agency worker can make a written request to their manager at the council
- we will respond in writing, within 28 days, with the relevant information
Moving agency workers to new assignments or roles
A manager may require an agency worker to take on a new assignment. They may want to re-engage an agency worker whom they have used before.
If the agency worker is undertaking a new assignment within the same role, their qualifying period will continue to accrue. The agency worker will continue to work in the same role unless:
- the duties that make up the new role (or the main part of it) are substantially different from the previous role (or the main part of it)
- the agency has informed them, in writing, of the type of work we expect them to do in the new role
If the new assignment is a different role, the agency worker's qualifying period will start from the start date of the new assignment. The same applies if there is a break of more than six weeks between assignments. However, this is subject to certain exceptions.
Managers will notify the agency if the agency worker's duties are changing. The agency will provide the agency worker, in writing, with:
- notification that the new role is substantially different
- a description of the new role
- an explanation that the qualifying period will start again
Training and development of agency workers is the responsibility of the agency. We provide induction and training for the agency worker to carry out their role effectively.
Absences
There are exceptions where a break of more than six weeks between assignments' pauses' the qualifying period. This means the qualifying period picks up where it left off when the agency worker returns. Reasons for this include that they have a break:
- of up to 28 weeks due to sickness or injury
- to take annual leave or any other leave to which they are entitled
- of up to 28 calendar weeks to allow them to perform jury service
- due to regular and planned shutdown of the workplace
- due to industrial action within the organisation
Family-friendly rights
An agency worker's qualifying period continues to run if any break is due to:
- pregnancy
- childbirth
- maternity
This applies if it takes place during pregnancy or up to 26 weeks after childbirth. It includes any health and safety reason which prevents them from working. The qualifying period continues to run during any breaks from the agency, such as :
- maternity leave
- adoption leave
- paternity leave
Any agency worker should inform us, and the agency, in writing, if they:
- are pregnant
- have given birth within the previous six months
- are breastfeeding
We will carry out a risk assessment for the role they are carrying out.
If we identify any potential risk to health and safety, we will where possible, make reasonable adjustments to the role. If this is not possible, we will inform the agency. The agency will seek alternative work for the agency worker.
An agency worker who has completed 12 weeks in the same assignment is entitled to take paid time off to attend ante-natal appointments. This is as per our maternity policy and entitlements. In the same way, they can also take time off for adoption appointments.
For more details, read our family leave policy.