New rights

At the beginning of October 2011, the Agency Workers Regulations 2010 (Regulations) came into force, implementing the Temporary Agency Workers Directive. The Regulations entitle 'agency workers' to certain employment rights in line with those received by comparable employees or workers of the hiring company (hirer) from either the first day of their assignment with the hirer or after completion of a 12-week qualifying period.

Whilst the regulations do not have retrospective effect, dental practice owners engaging agency workers on or after October 1 must ensure that agency workers are not denied these rights. Under the regulations, agency workers are not entitled to more favourable treatment than the hirer's employees or workers, only equal treatment.

Practice owners who regularly hire agency workers on both a temporary and longer term basis need to understand the obligations on hirers under the regulations; the Government has recently published guidance to assist hirers. Those who fail to comply with the regulations can face financial penalties before an employment tribunal.