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The Agency Worker Regulations 2010 give all agency workers the right to the same, or no less favourable, treatment as comparable employees with respect to basic employment and working conditions, if and when they complete the qualifying period of 12 weeks in the same job.Visit the Acas website to find out more about the Regulations and how they could affect you and your business.You must also include in the written statement, or make available in readily accessible documents: Back to top Other documents may provide evidence of the contract - for example, the job description, correspondence, collective agreements or company policies if they are in the nature of contractual terms.It is advisable to make clear what is and is not considered to be of contractual status.(Note: it will become a right from day one for all 'workers' and employees from April 2020.) The Fixed Term (Prevention of Less Favourable Treatment) Regulations are, as the name suggests, aimed at preventing less favourable treatment of fixed term employees.No minimum limit as to what constitutes a fixed term employee has been set, so it could include employees on very short-term contracts.Employees can only claim unfair dismissal, if dismissed, after two years of continuous service.Back to top You must include: All employers, regardless of size, have to provide written details of disciplinary rules and procedures. There is an Acas Code of Practice that gives guidance on what is fair and reasonable and, if you unreasonably fail to follow it, an Employment Tribunal can increase any award made against you by up to 25%.
But if the worker is employed through an agency, and: are all explained by the contracts between (1) the worker and agency, and (2) the employer and agency, the courts will not imply the existence of another contract - an employment contract between the worker and the employer - unless it is necessary to do so to give business reality to the relationship between the parties.It is an increase in compensation if, and only if, a Tribunal finds in favour of the employee under another type of claim, eg unfair dismissal or underpayment of wages.The contract should be checked to ensure that it is relevant to the employee otherwise there is a risk that an Employment Tribunal will infer terms and conditions, if a dispute should arise. A verbal contract (particularly where the employee has already done some work in return for pay) will be equally binding - though it may be more difficult to prove what the precise terms of the contract are.Do not ask for excessive information when checking on the applicant's work history and ensure that you have their consent to take up references otherwise you could fall foul of data protection rules.
You can check if a new employee has the right to work in the UK on the Start Up Donut website. Three to six months is typical, and should be long enough to allow you to judge whether the employee is willing and able to do the job.
Employees who are taken on for less than one month are not entitled to a written statement of terms.