What are your responsibilities for peripatetic workers?

Peripatetic workers are those with no fixed work base, a concept that is becoming increasingly common in today’s society. Often known as mobile or transient workers, these are employees that could, for example, be involved in care work, be a teacher travelling from school to school, or a sales rep.

They are defined as someone who works away from their normal work base either for part or all of their work, working in multiple locations.

What are your responsibilities as an employer?

If you employ peripatetic workers there are several areas you need to consider:

Employee, Worker or Self-Employed?

The status of the person, whether you employ them, they are contracted or are working for themselves, will determine their employment rights and terms and conditions that you may have to fulfill.

  • If they are an employee they will have a contract with agreed pay, annual leave and working hours, and will carry out work solely for you as their employer.
  • A worker will also work to the terms of a contract (see Employing Agency Workers for more information) but they may have a limited right to send someone else to carry out the work.
  • Self-employed people have no contract of employment, but are more likely to have a contract to provide a service. They run their own business and take responsibility.

Health and Safety

As Acas states, a health and safety risk assessment for these workers should be undertaken, taking into account the fact that they will be working away from the normal work base, or will have no base, and also what type of work will be carried out.

You may need to consider issues such as workers working alone, late, in the evening or at night; the possibility of violence towards them, and safe use of tools, equipment or harmful substances.

Working Time

There may be many queries from your workers or employees relating to what counts as working time. This is the time where your employer is working for you, including training and travel if it forms part of their duties. Time ‘on-call’ must also be stated, which is classed as working time in certain circumstances. For example, time spent travelling from home to the first and last customer can count as working time, whereas routine travel between home and work is not classed as working time. Similarly, employees need to be made aware of when they won’t be paid, for example, when they are away from work on rest break when no work is carried out, and holiday and sick leave.

If you have questions about peripatetic workers, and issues surrounding their employment, please contact me for advice and guidance

 

Employing Agency Workers

If you are supplementing your workforce with additional agency workers over the busy Christmas season, or for other periods eg maternity cover, have you thought about their rights? Agency workers differ from employees in terms of how they are classed, and with certain rights and entitlements.

What is an Agency Worker?

An agency worker is defined by Acas as a worker supplied by a temporary work agency to a client/hirer to work normally for a temporary period. Agency workers may be used to cover a period of maternity leave, or to carry out work for a particular task. This can be the case for busy periods, depending on the industry, where Christmas can increase demand for products and services.

What are Agency Workers entitled to, and when?

Agency staff are classed as workers rather than employees, but once they have worked a 12 week period they are entitled to the same employment rights as employees.

From Day 1 of their employment Agency workers are entitled to certain employment rights, such as:

  • paid annual leave
  • rest breaks and limits on working time
  • the National Minimum Wage
  • no unlawful deductions from wages
  • discrimination rights under the Equality Act 2010
  • health and safety at work.

They should also have the same access to facilities such as staff canteens, childcare and transport as a comparable employee of the hirer, and have access to information regarding job vacancies.

After the 12-week qualifying period, they are then entitled to further rights, specifically the same basic conditions of employment as if they had been directly employed by the hirer on day one of the assignment, including

  • pay – including any fee, bonus, commission, or holiday pay relating to the assignment. It does not include redundancy pay, contractual sick pay, and maternity, paternity or adoption pay
  • working time rights – for example, including any annual leave above what is required by law.

Agency Workers (regardless of their employment status) are also entitled to paid time off to attend ante-natal appointments during their working hours.

If you hire agency workers, you must provide the agency that provides your workers with up to date information on your terms and conditions so that they can ensure that an agency worker receives the correct equal treatment, as if they had been recruited directly, after 12 weeks in the same job. You are responsible for ensuring that all agency workers can access your facilities and are able to view information on your job vacancies from their first day with you.

Further information

If you need any further information regarding the employment rights of agency workers, contact me today.

 

 

What do you need to know about agency workers?

If you employ workers from an agency, they are entitled to certain employment rights. Do you know if you are treating your agency workers correctly? What do you need to know about the employment rights of agency workers?

As an employer, you need to be aware of the Agency Worker Regulations. These regulations give agency workers the entitlement to the same or no less favourable treatment as comparable employees with respect to basic employment and working conditions, if and when they complete a qualifying period of 12 weeks in a particular job.

What are Agency Workers?

The regulations that cover agency workers apply to those workers supplied by a temporary work agency to an employer/hirer (ie your business). This includes most agency workers that people refer to as ‘temps’ and those supplied via intermediaries.

Agency workers, in these regulations, are not self-employed, individuals working through their own limited liability company, or individuals working on managed service contracts.

What rights do Agency Workers have when they start employment?

From their first day at work, an agency worker will be entitled to the same access to facilities such as staff canteens, childcare and transport as other employees, and to be informed about job vacancies. They are also entitled to certain employment rights such as national minimum wage.

After the 12-week qualifying period, an agency worker will be entitled to the same basic conditions of employment as if they had been directly employed by you. This includes bonuses, commissions and holiday pay, but does not include redundancy pay, contractual sick pay, and maternity, paternity or adoption pay. They are also entitled to working time rights, such as annual leave.

What other employment rights are Agency Workers entitled to?

  • rest breaks and limits on working time
  • the National Minimum Wage
  • no unlawful deductions from wages
  • discrimination rights under the Equality Act 2010
  • health and safety at work.

If you employ agency workers, or are thinking about employing agency workers and want to know more about the regulations, talk to us today.

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