The legislation came into force on 1 October 2011, giving agency workers the entitlement to the same basic employment and working conditions as if they had been recruited directly, if and when they complete a qualifying period of 12 weeks in the same job.
It is not retrospective and for those agency workers already on assignment, the 12 week qualifying period started on 1 October 2011.
Day 1 rights for all agency workers: Clients must ensure that agency workers can access facilities (such as canteen, childcare facilities, etc) and can access information on job vacancies from the first day of their assignment.
After 12 weeks in the same job: The equal treatment entitlements relate to pay and other basic working conditions (annual leave, rest breaks etc) and come into effect after an agency worker completes a 12 week qualifying period in the same job with the same client. After completing the qualifying period, pregnant agency workers will now be allowed to take paid time off for ante-natal appointments during an assignment.
The above rights and responsibilities are subject to the conditions and guidance set out by the Department of Business, Innovation and Skills.