The Agency Workers Regulations – Provision of Information to Employee Representatives

15 September 2011

When the Agency Workers Regulations 2010 (AWR) come into force on 1 October 2011, where an employer has an existing statutory obligation to provide information on the employment situation of the business to employees and their representatives, this will include information on the use of any agency workers.

For example, this will apply to information required to be disclosed to a recognised trade union during a collective bargaining process or to a consultative committee set up in accordance with the Information and Consultation of Employees Regulations 2004. In addition, the requirement extends to consultation over collective redundancies and to employee liability information when there is a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006.

The information must include:

•    the total number of agency workers engaged by the employer overall;

•    the areas of the business in which they work; and

•    the type of work they are contracted to undertake.

The definition of information that must be provided does not include information on agency workers’ terms and conditions, however.

Employers who engage a significant number of agency workers are advised to keep adequate records to facilitate the provision of this information should it be necessary.

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