The Agency Workers Regulations 2010 that came into force on 1 October 2011 have had an effect on other legislation. They have amended TUPE and have also amended the rules about collective consultation in collective redundancy situations (redundancy situations involving 20 or more employees). Where an employer proposes to dismiss 20 or more employees, the information that has to be given to unions or employee representatives has now been added to to require the following information about Agency Workers to be provided:
- the number of agency workers working temporarily for and under the supervision and direction of the employer,
- the parts of the employer’s undertaking in which those agency workers are working, and
- the type of work those agency workers are carrying out.
It is important to note that this information relates to agency workers employed across the company, not just in the parts of the business or “establishments” where the collective redundancies are taking place.
Not only does this information now have to be provided in collective redundancy situations, but it also has to be provided in cases where a change to terms and conditions is being enforced by dismissal and re-engagement of 20 or more employees as the same rules apply here as for collective redundancies.