If you use temporary agency workers (temps) to provide your service then you must start planning for the introduction of the Agency Worker Regulations 2010, which will have an impact on the costs of using temps.

Increase in pay
The Regulations give temps who work in a role for 12 weeks or more the right to the same pay as if they were employed directly, which in most cases mean they must be paid the same rate of pay as a comparable employee.

Therefore, if temps within your service (including those in your outsource providers) are paid less than an employee in the same organisation carrying out the same type of work, the temps' pay will have to be increased to the same as the employees' pay. This will also apply to overtime rates and payments such as unsocial hour enhancements.

Other increases
Temps will be entitled to the same contractual holiday entitlements as employees, as well as in most cases the same access to collective facilities such as canteens and transport. Some of those rights start on ‘day one' of the work.

What you must do now?
The Regulations come into force on 1 October 2011, but you should not delay in reviewing your use of temps to work out if your costs will increase. Questions to look at are:

• How many temps do you use?
• Are temps used in your contracted out services?
• How long do temps work for you and do you operate repeat hires?
• Are temps paid more than comparable employees?
• What type of benefits will you have to provide?

You should also discuss the impact on your service with those who organise and agree your contracts with temp agencies.

Further details
It is important that you find out more about the Regulations. Further details are available on Local Government Employers' website:
http://www.lge.gov.uk/lge/core/page.do?pageId=1192366 and BIS's website: http://www.berr.gov.uk/whatwedo/employment/employment-agencies/index.html

(Source: Local Government Employers organisation)