http://www.legislation.gov.uk/nisr/2011/350/contents/2011-12-05

THE AGENCY WORKERS REGULATIONS (NORTHERN IRELAND) 2011

Temporary employment

Employment terms and conditions

Employment regulations

Employment rights

Health and safety at work

EMPLOYMENT

Statute Law Database

2023-10-12

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2011-12-05

These Regulations, which are made under section 2(2) of the European Communities Act 1972 (c.68), and Articles 17(1), (2) and (5), 55(2) of, and paragraphs 6, 7 and 14(1) of Schedule 3 to the Health and Safety at Work (Northern Ireland) Order 1978, implement in Northern Ireland Council Directive 2008/104/EC of 19th November 2008 on temporary agency work (OJ L 327, 5.12.2008, p.9). This Directive establishes a general framework for protection of temporary agency workers. The Regulations provide certain rights for temporary agency workers including in relation to basic working and employment conditions.

THE AGENCY WORKERS REGULATIONS (NORTHERN IRELAND) 2011

reg. 18(4A)

The Industrial Tribunals (1996 Order) (Application of Conciliation Provisions) Order (Northern Ireland) 2020

Sch.

para. 51

art. 1

THE AGENCY WORKERS REGULATIONS (NORTHERN IRELAND) 2011

reg. 18A

The Industrial Tribunals (1996 Order) (Application of Conciliation Provisions) Order (Northern Ireland) 2020

Sch.

para. 52

art. 1

THE AGENCY WORKERS REGULATIONS (NORTHERN IRELAND) 2011

Regulation

The Posted Workers (Agency Workers) Order (Northern Ireland) 2020

art. 2

art. 4

art. 1

THE AGENCY WORKERS REGULATIONS (NORTHERN IRELAND) 2011

Sch.06

Pt.01

The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) (No. 2) Regulations (Northern Ireland) 2022

reg. 17(2)

reg. 32

reg. 1(1)

THE AGENCY WORKERS REGULATIONS (NORTHERN IRELAND) 2011

reg. 6(3)(c)

The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) (No. 2) Regulations (Northern Ireland) 2022

reg. 18(2)

reg. 32

reg. 1(1)

THE AGENCY WORKERS REGULATIONS (NORTHERN IRELAND) 2011

reg. 6(3)(c)

The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations (Northern Ireland) 2022 (revoked)

reg. 18(2)

reg. 1

THE AGENCY WORKERS REGULATIONS (NORTHERN IRELAND) 2011

reg. 6(3)(c)

The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations (Northern Ireland) 2023

reg. 18(2)

reg. 1(1)

THE AGENCY WORKERS REGULATIONS (NORTHERN IRELAND) 2011

reg. 6(3)(c)

The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) (No. 2) Regulations (Northern Ireland) 2023

reg. 18(2)

reg. 1(1)

THE AGENCY WORKERS REGULATIONS (NORTHERN IRELAND) 2011

PART 1General and Interpretation

1Citation and commencement

2Interpretation

3The meaning of agency worker

4The meaning of temporary work agency

PART 2Rights

5Rights of agency workers in relation to the basic working and employment conditions

6Relevant terms and conditions

7Qualifying period

8Completion of the qualifying period and continuation of the regulation 5 rights

9Structure of assignments

10Permanent contracts providing for pay between assignments

11Calculating the minimum amount of pay

12Rights of agency workers in relation to access to collective facilities and amenities

13Rights of agency workers in relation to access to employment

PART 3Liability, Protections and Remedies

14Liability of temporary work agency and hirer

15Restrictions on contracting out

16Right to receive information

17Unfair dismissal and the right not to be subjected to detriment

18Complaints to industrial tribunals etc

19Calculating a week’s pay

20Liability of employers and principals

PART 4Special Classes of Person

21Crown employment and service as a member of the armed forces

22Police Service of Northern Ireland and Police Service of Northern Ireland Reserve

PART 5Amendments to Legislation

23Amendments to legislation

SCHEDULE 1CONSTRUCTION OF UK WIDE STATUTORY PROVISIONS

1The statutory provisions to which regulation 23(1) refers are—

SCHEDULE 2CONSEQUENTIAL AMENDMENTS

PART 1PRIMARY LEGISLATION

1The Industrial Relations (Northern Ireland) Order 1992

2In Article 2(2) (Interpretation), before the entry relating to “agent”...

3In Article 39(1) (general duty of employers to disclose information)...

4The Trade Union and Labour Relations (Northern Ireland) Order 1995

5In Article 2(2) (Interpretation), after the entry relating to “the...

6In Article 44B (collective bargaining: training)— (a) after paragraph (4)...

7(1) Schedule 1A is amended as follows.

8The Employment Rights (Northern Ireland) Order 1996

9In Article 59(1) (supplementary: meaning of “wages” etc), after sub-paragraph...

10After Article 85 insert— Ante-natal care: agency workers Right to...

11After Article 100 insert— Ending the supply of an agency...

12After Article 101 insert— Calculation of remuneration (agency workers) (1) The amount of remuneration payable by a temporary work...

13After Article 102 insert— Complaints to industrial tribunals: agency workers...

14In Article 137 (redundancy as unfair dismissal) in paragraph (1)(c)...

15In Article 140 (exclusion of right: qualifying period of employment)...

16(1) Article 216 (duty of employer to consult representatives of...

17The Industrial Tribunals (Northern Ireland) Order 1996

18In Article 20(1) (conciliation)— (a) omit “or” immediately preceding the...

PART 2OTHER LEGISLATION

19Management of Health and Safety at Work Regulations (Northern Ireland) 2000

20After regulation 16 insert— Alteration of working conditions in respect...

21After regulation 17 insert— Certificate from registered medical practitioner in...

22After regulation 18 insert— Notification by new or expectant mothers...

23In regulation 20(1)(a) for “regulations 16 to 18”, substitute, “regulations...

24The Information and Consultation of Employees Regulations (Northern Ireland) 2005

25In regulation 2(2) (interpretation) after the definition of—

26After regulation 3 insert— Agency Workers (1) Paragraphs (2) and (3) apply to an agency worker...

27After regulation 8 insert— Pre-existing agreements: agency workers Where information about the employment situation is to be provided...

28In regulation 16(1), omit the “and” at the end of...

29In regulation 20(1)(b), after “the situation, structure and probable development...

30The Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006

31In regulation 13, after paragraph (2) insert—

32The European Public Limited-Liability Company (Employee Involvement) (Northern Ireland) Regulations 2009

33In regulation 3 (interpretation) after the definition in paragraph (1)...

34In regulation 5(2)— (a) omit the “and” at the end...

35After regulation 15(3) insert— (3A) Where under the employee involvement...

36After regulation 19(3) insert— (3A) This paragraph applies to an...

37In the Schedule, Part 2, after paragraph 8 insert— Where under the provisions of this Part, the competent organ...

2011 No. 350

Employment

THE AGENCY WORKERS REGULATIONS (NORTHERN IRELAND) 2011

Made5th October 2011

Coming into operation5th December 2011

The Department for Employment and Learning being a Department designated for the purposes of section 2(2) of the European Communities Act 19721 in relation to employment rights and duties2, makes these Regulations—

in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and Articles 17(1), (2) and (5), and 55(2) of, and paragraphs 6, 7 and 14(1) of Schedule 3 to, the Health and Safety at Work (Northern Ireland) Order 19783, (“the 1978 Order”); and

independently of any proposals submitted by the Health and Safety Executive for Northern Ireland under Article 13(1A)(c) of the 1978 Order4.

The Department for Employment and Learning has consulted the Health and Safety Executive for Northern Ireland and such other bodies as appear to the Department to be appropriate, as required by Article 46(1) of the 1978 Order5.