| |
The Agency Worker Regulations state that:
- An agency worker will be entitled to the same "relevant terms and conditions" as a comparable employee at the client.
- "The Comparator" An employee is a comparable employee in relation to the agency worker if both are:
- engaged in the same or broadly similar work having regard, where relevant, to whether they have a similar level of qualifications and skills, and
- the comparable employee works or is based at the same establishment as the agency worker.
Matching the temporary workers pay to your own workforce:
- Once the comparator is established, the priority is to establish the correct rate of pay (and other working conditions to which the agency worker is entitled) and to be able to explain how this was worked out in the event of a claim.
- Where there are formal pay bands this will involve comparing the current pay rates with “entry level” pay rates at the client.
- Where no formal pay bands are in place, this will involve looking at the pay rates of existing staff doing the same or similar work.
- However, the additional experience and qualifications of the directly recruited ‘comparator’ can be taken into account and justify why the pay rate of the temporary workers is not at the same level.
|
|
