• “agency worker” has the meaning given in regulation 3 of the Agency Workers Regulations (Northern Ireland) 2011;

• “agency worker” has the meaning given in regulation 3 of the Agency Workers Regulations (Northern Ireland) 2011;

fa

remuneration on ending the supply of an agency worker on maternity grounds under Article 100C,

Ante-natal care: agency workers

Right to time off for ante-natal care (agency workers)85ZA

1

An agency worker who—

a

is pregnant, and

b

has, on the advice of a registered medical practitioner, registered midwife or registered health visitor, made an appointment to attend at any place for the purpose of receiving ante-natal care,

is entitled to be permitted, by the temporary work agency and the hirer, to take time off during the agency worker’s working hours in order to enable her to keep the appointment.

2

An agency worker is not entitled to be permitted by either of those persons to take time off under this Article to keep an appointment unless, if that person requests her to do so, she produces for that person’s inspection—

a

a certificate from a registered medical practitioner, registered midwife or registered health visitor stating that the agency worker is pregnant, and

b

an appointment card or some other document showing that the appointment has been made.

3

Paragraph (2) does not apply where the agency worker’s appointment is the first appointment during her pregnancy for which she seeks permission to take time off in accordance with paragraph (1).

4

For the purposes of this Article the working hours of an agency worker shall be taken to be any time when, in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer, the agency worker is required to be at work.

5

In this Article references to a registered health visitor have the same meaning as in Article 83(1)(b).

Right to remuneration for time off under Article 85ZA85ZB

1

An agency worker who is permitted to take time off under Article 85ZA is entitled to be paid remuneration by the temporary work agency for the period of absence at the appropriate hourly rate.

2

The appropriate hourly rate, in relation to an agency worker, is the amount of one week’s pay divided by the number of normal working hours in a week for that agency worker in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer that are in force on the day when the time off is taken.

3

But where the number of normal working hours during the assignment differs from week to week or over a longer period, the amount of one week’s pay shall be divided instead by the average number of normal working hours calculated by dividing by twelve the total number of the agency worker’s normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off is taken.

4

A right to any amount under paragraph (1) does not affect any right of an agency worker in relation to remuneration under her contract with the temporary work agency (“contractual remuneration”).

5

Any contractual remuneration paid to an agency worker in respect of a period of time off under Article 85ZA goes towards discharging any liability of the temporary work agency to pay remuneration under paragraph (1) in respect of that period; and, conversely, any payment of remuneration under paragraph (1) in respect of a period goes towards discharging any liability of the temporary work agency to pay contractual remuneration in respect of that period.

Complaints to industrial tribunals: agency workers85ZC

1

An agency worker may present a complaint to an industrial tribunal that the temporary work agency—

a

has unreasonably refused to permit her to take time off as required by Article 85ZA, or

b

has failed to pay the whole or any part of any amount to which she is entitled under Article 85ZB.

2

An agency worker may present a complaint to an industrial tribunal that the hirer has unreasonably refused to permit her to take time off as required by Article 85ZA.

3

An industrial tribunal shall not consider a complaint under paragraph (1) or (2) unless it is presented—

a

before the end of the period of three months beginning with the date of the appointment concerned, or

b

within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

4

Where an industrial tribunal finds a complaint under this Article well-founded, the tribunal shall make a declaration to that effect.

5

If the complaint is that the temporary work agency or hirer has unreasonably refused to permit the agency worker to take time off, the tribunal shall also order payment to the agency worker of an amount equal to the remuneration to which she would have been entitled under Article 85ZB if she had not been refused the time off.

6

Where the tribunal orders payment under paragraph (5), the amount payable by each party shall be such as may be found by the tribunal to be just and equitable having regard to the extent of each respondent’s responsibility for the infringement to which the complaint relates.

7

If the complaint is that the temporary work agency has failed to pay the agency worker the whole or part of any amount to which she is entitled under Article 85ZB, the tribunal shall also order the temporary work agency to pay to the agency worker the amount which it finds due to her.

Agency workers: supplementary85ZD

1

Without prejudice to any other duties of the hirer or temporary work agency under any statutory provision or rule of law Articles 85ZA to 85ZC do not apply where the agency worker—

a

has not completed the qualifying period, or

b

is no longer entitled to the rights conferred by regulation 5 of the Agency Workers Regulations (Northern Ireland) 2011 pursuant to regulation 8(a) or (b) of those Regulations.

2

Nothing in those Articles imposes a duty on the hirer or temporary work agency beyond the original intended duration, or likely duration of the assignment, whichever is the longer.

3

Those Articles do not apply where Articles 85 to 87 apply.

4

In this Article and Articles 85ZA to 85ZC the following have the same meaning as in the Agency Workers Regulations (Northern Ireland) 2011—

• “agency worker”;

• “assignment”;

• “hirer”;

• “qualifying period”;

• “temporary work agency”.

Ending the supply of an agency worker on maternity grounds

Meaning of ending the supply of an agency worker on maternity grounds100A

1

For the purposes of this Part the supply of an agency worker to a hirer is ended on maternity grounds if, in consequence of action taken pursuant to a provision listed in paragraph (2), the supply of the agency worker to the hirer is ended on the grounds that she is pregnant, has recently given birth or is breastfeeding a child.

2

The provisions are—

a

regulation 8(3) or 9(2) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997,

b

regulation 16A(2) or 17A of the Management of Health and Safety at Work Regulations (Northern Ireland) 2000, or

c

regulation 20 of the Conduct of Employment Agencies and Employment Businesses Regulations (Northern Ireland) 2005.

Right to offer of alternative work100B

1

Where the supply of an agency worker to a hirer is ended on maternity grounds and the temporary work agency has available suitable alternative work, the agency worker has a right to be offered to be proposed for such alternative work.

2

For alternative work to be suitable for an agency worker for the purposes of this Article—

a

the work must be of a kind which is both suitable in relation to her and appropriate for her to do in the circumstances, and

b

the terms and conditions applicable to her whilst performing the work, if they differ from the corresponding terms and conditions which would have applied to her but for the fact that the supply of the agency worker to the hirer was ended on maternity grounds, must not be substantially less favourable to her than those corresponding terms and conditions.

3

Paragraph (1) does not apply—

a

where the agency worker has confirmed in writing that she no longer requires the work-finding services of the temporary work agency, or

b

beyond the original intended duration, or likely duration, whichever is the longer, of the assignment which ended when the supply of the agency worker to the hirer was ended on maternity grounds.

Right to remuneration100C

1

Where the supply of an agency worker to a hirer is ended on maternity grounds, that agency worker is entitled to be paid remuneration by the temporary work agency.

2

An agency worker is not entitled to remuneration under this Article in respect of any period if—

a

the temporary work agency has—

i

offered to propose the agency worker to a hirer that has alternative work available which is suitable alternative work for her for the purposes of Article 100B, or

ii

proposed the agency worker to a hirer that has such suitable alternative work available, and that hirer has agreed to the supply of that agency worker; and

b

the agency worker has unreasonably refused that offer or to perform that work.

3

Nothing in this Article imposes a duty on the temporary work agency to pay remuneration beyond the original intended duration, or likely duration, whichever is the longer, of the assignment which ended when the supply of the agency worker to the hirer was ended on maternity grounds.

Agency workers: supplementary100D

1

Without prejudice to any other duties of the hirer or temporary work agency under any statutory provision or rule of law Articles 100A, 100B and 100C do not apply where the agency worker—

a

has not completed the qualifying period, or

b

is no longer entitled to the rights conferred by regulation 5 of the Agency Workers Regulations (Northern Ireland) 2011 pursuant to regulation 8(a) or (b) of those Regulations.

2

Nothing in those Articles imposes a duty on the hirer or temporary work agency beyond the original intended duration, or likely duration of the assignment, whichever is the longer.

3

Those Articles do not apply where Articles 98 to 100 apply.

4

In this Article and Articles 100A to 100C the following have the same meaning as in the Agency Workers Regulations (Northern Ireland) 2011—

• “agency worker”;

• “assignment”;

• “hirer”;

• “qualifying period”,;

• “temporary work agency”.

Calculation of remuneration (agency workers)101A

1

The amount of remuneration payable by a temporary work agency to an agency worker under Article 100C is a week’s pay in respect of each week for which remuneration is payable in accordance with Article 100C; and if in any week remuneration is payable in respect of only part of that week the amount of a week’s pay shall be reduced proportionately.

2

A right to remuneration under Article 100C does not affect any right of the agency worker in relation to remuneration under the contract with the temporary work agency (“contractual remuneration”).

3

Any contractual remuneration paid by the temporary work agency to an agency worker in respect of any period goes towards discharging the temporary work agency’s liability under Article 100C in respect of that period; and, conversely, any payment of remuneration in discharge of a temporary work agency’s liability under Article 100C in respect of any period goes towards discharging any obligation of the temporary work agency to pay contractual remuneration in respect of that period.

4

For the purposes of paragraph (1), a week’s pay is the weekly amount that would have been payable to the agency worker for performing the work, according to the terms of the contract with the temporary work agency, but for the fact that the supply of the agency worker to the hirer was ended on maternity grounds.

5

Expressions used in this Article and Articles 100A to 100C have the same meaning as in those Articles (see Article 100D).

Complaints to industrial tribunals: agency workers102A

1

An agency worker may present a complaint to an industrial tribunal that the temporary work agency has failed to pay the whole or any part of remuneration to which the agency worker is entitled under Article 100C.

2

An industrial tribunal shall not consider a complaint under paragraph (1) relating to remuneration in respect of any day unless it is presented—

a

before the end of the period of three months beginning with the day on which the supply of the agency worker to a hirer was ended on maternity grounds, or

b

within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented within that period of three months.

3

Where an industrial tribunal finds a complaint under paragraph (1) well-founded, the tribunal shall order the temporary work agency to pay the agency worker the amount of remuneration which it finds is due to her.

4

An agency worker may present a complaint to an industrial tribunal that in contravention of Article 100B the temporary work agency has failed to offer to propose the agency worker to a hirer that has suitable alternative work available.

5

An industrial tribunal shall not consider a complaint under paragraph (4) unless it is presented—

a

before the end of the period of three months beginning with the day on which the supply of the agency worker to a hirer was ended on maternity grounds, or

b

within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented within that period of three months.

6

Where an industrial tribunal finds a complaint under paragraph (4) well-founded, the tribunal shall order the temporary work agency to pay the agency worker the amount of compensation which it finds is due to her.

7

The amount of the compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to—

a

the infringement of the agency worker’s right under Article 100B by the failure on the part of the temporary work agency to which the complaint relates, and

b

any loss sustained by the agency worker which is attributable to that failure.

8

Expressions used in this Article and Articles 100A to 100C have the same meaning as in those Articles (see Article 100D).

7L

This paragraph applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one specified in paragraph (3) of regulation 17 of the Agency Workers Regulations (Northern Ireland) 2011 (unless the case is one to which paragraph (4) of that regulation applies).

or

s

paragraph (1) of regulation 17 of the Agency Workers Regulations (Northern Ireland) 2011 applies.

Alteration of working conditions in respect of new or expectant mothers (agency workers)16A

1

Where, in the case of an individual agency worker, the taking of any other action the hirer is required to take under the relevant statutory provisions would not avoid the risk referred to in regulation 16(1) the hirer shall, if it is reasonable to do so, and would avoid such risks, alter her working conditions or hours of work.

2

If it is not reasonable to alter the working conditions or hours of work, or if it would not avoid such risk, the hirer shall without delay inform the temporary work agency, who shall then end the supply of that agency worker to the hirer.

3

In paragraphs (1) and (2) references to risk, in relation to risk from any infectious or contagious disease, are references to a level of risk at work which is in addition to the level to which a new or expectant mother may be expected to be exposed outside the workplace. 

Certificate from registered medical practitioner in respect of new or expectant mothers (agency workers)17A

Where—

a

a new or expectant mother works at night; and

b

a certificate from a registered medical practitioner or a registered midwife shows that it is necessary for her health or safety that she should not be at work for any period of such work identified in the certificate,

the hirer shall without delay inform the temporary work agency, who shall then end the supply of that agency worker to the hirer.

Notification by new or expectant mothers (agency workers)18A

1

Nothing in regulation 16A(1) or (2) shall require the hirer to take any action in relation to an agency worker until she has notified the hirer in writing that she is pregnant, has given birth within the previous six months, or is breastfeeding.

2

Nothing in regulation 16A(2) shall require the temporary work agency to end the supply of the agency worker until she has notified the temporary work agency in writing that she is pregnant, has given birth within the previous six months, or is breastfeeding.

3

Nothing in regulation 16A(1) shall require the hirer to maintain action taken in relation to an agency worker—

a

in a case—

i

to which regulation 16A(1) relates; and

ii

where the agency worker has notified the hirer, that she is pregnant, where she has failed, within a reasonable time of being requested to do so in writing by the hirer, to produce for the hirer’s inspection a certificate from a registered medical practitioner or a registered midwife showing that she is pregnant; or

b

once the hirer knows that she is no longer a new or expectant mother; or

c

if the hirer cannot establish whether she remains a new or expectant mother.

Agency workers: general provisions18B

1

Without prejudice to any other duties of the hirer or temporary work agency under any enactment or rule of law in relation to health and safety at work, regulation 16A, 17A and 18A shall not apply where the agency worker—

a

has not completed the qualifying period; or

b

is no longer entitled to the rights conferred by regulation 5 of the Agency Workers Regulations (Northern Ireland) 2011 pursuant to regulation 8(a) or (b) of those Regulations.

2

Nothing in regulation 16A or 17A imposes a duty on the hirer or temporary work agency beyond the original intended duration, or likely duration of the assignment, whichever is the longer.

3

This regulation, and regulations 16A, 17A and 18A do not apply in circumstances where regulations 16, 17 and 18 apply.

4

For the purposes of this regulation and regulation 16A, 17A or 18A the following have the same meaning as in the Agency Workers Regulations (Northern Ireland) 2011—

• “agency worker”;

• “assignment”;

• “hirer”;

• “qualifying period”;

• “temporary work agency”.

Agency Workers3A

1

Paragraphs (2) and (3) apply to an agency worker whose contract within regulation 3(1)(b) of the Agency Workers Regulations (Northern Ireland) 2011 (contract with the temporary work agency) is not a contract of employment.

2

For the purposes of regulations 3, 4 and Schedule 1, any agency worker who has a contract with a temporary work agency shall be treated as being employed by that temporary work agency for the duration of that agency worker’s assignment with the employer.

3

In these Regulations “assignment” has the same meaning as in regulation 2 and “temporary work agency” has the same meaning as in regulation 4, of the Agency Workers Regulations (Northern Ireland) 2011.

Pre-existing agreements: agency workers8A

Where information about the employment situation is to be provided under a pre-existing agreement by an employer, such information must include suitable information relating to the use of agency workers (if any) in that undertaking.

and

g

provide that where an employer is to provide information about the employment situation, under that agreement or under any part, such information shall include suitable information relating to the use of agency workers (if any) in that undertaking.

2A

Where information is to be supplied under paragraph (2) by an employer—

a

this must include suitable information relating to the use of agency workers (if any) by that employer; and

b

“suitable information relating to the use of agency workers” means—

i

the number of agency workers working temporarily for and under the supervision and direction of the employer;

ii

the parts of the employer’s undertaking in which those agency workers are working; and

iii

the type of work those agency workers are carrying out.

3A

Where under the employee involvement agreement the competent organ of the SE is to provide information on the employment situation in that company, such information must include suitable information relating to the use of agency workers (if any) in that company.

3A

This paragraph applies to an agency worker whose contract within regulation 3(1)(b) of the Agency Workers Regulations (Northern Ireland) 2011 (contract with the temporary work agency) is not a contract of employment—

a

for the purposes of paragraph (3)(a) and (b), any agency worker who has a contract with a temporary work agency, which was at the relevant time a participating company, is to be treated as having been employed by that temporary work agency for the duration of their assignment with a hirer, and

b

in this paragraph “assignment” and “hirer” have the same meaning as in regulation 2, and “temporary work agency” has the same meaning as in regulation 4, of the Agency Workers Regulations (Northern Ireland) 2011.

8A

Where under the provisions of this Part, the competent organ of the SE is to provide information on the employment situation in that company, such information must include suitable information relating to the use of agency workers (if any) in that company.