Agency Workers: Employment vacancies

Here is another potential minefield for Hirers and will require a strategic rethink.

It is also a bombshell for the traditional High Street agency as it fundamentally chnges their relationship with both their worker and their client and if implemented as drafted will lead to the demise of many agencies

From the start of a worker's assignment an agency worker has the right to be told of any relevant vacancy in the hirer during the assignment and to be given the same opportunity as a comparable worker to find permanent employment with the hirer.

You need to refer to clause 13 (1)

....Both the comparator and the agency worker are working for and under the supervision and direction of the hirer and engaged in the same or broadly similar work having regard, where relevant, to whether they have a similar level of qualification and skills

... The comparator works or is based at the same establishment as the agency worker;and the comparator is either an employee that satisfies these requirements, or where there is no such employee, is a worker of the hirer that does so.

The announcement of a vancancy to the agency worker is sufficient by way of a "general announcement in a suitable place in a hirer's establishment" It could be handle at induction with a copy being signed by the worker as an acknowledgement.

Hopefully the guidance notes may elaborate.