08 / 3 / 2011 4.30pm
For example, where a directly recruited employee would have had a more generous entitlement to rest than the statutory minimum requirement (perhaps a lunch hour rather than the minimum 20 minute rest during a shift of more than six hours), an agency worker will also be entitled to this once the 12 week qualifying period has elapsed. Many hirers may already offer some or all of these entitlements to agency workers from day one of an assignment.
Holiday pay entitlements
As with rest breaks, if a hirer would have given a more generous contractual leave entitlement to someone recruited directly to fill the role being performed by an agency worker, the agency worker concerned should receive the same enhanced entitlement once the 12-week qualifying period has elapsed.
Payment in lieu option
There will be many differing entitlements to paid holiday leave provided by hirers and a possible way of simplifying the administration of this situation could be to deal with any additional entitlement – over and above the statutory entitlement – as a one off payment at the end of the assignment or as part of the hourly/daily rate.
Such arrangements would only relate to additional, contractual leave which is in excess of the statutory minimum.
It is important to remember that payment of the statutory entitlement to annual leave should be made when the leave is taken to ensure that individuals do take the leave to which they are entitled.
There will be no change to the existing law in this respect.