27th December 2011, 03:24 PM
(This post was last modified: 27th December 2011, 03:27 PM by kevin wooldridge.)
The regulations state there can be breaks in employment of up to 6 weeks, but the worker still retains their rights. So if you do 11 weeks and then are 'laid off' or 'finished', the clock is still running if you return to that work within 6 weeks....and remmber this is agency work. I doubt if any serious agency would allow its clients to lay people off, just to avoid its employment obligations (especially of the same employer was asking the agency to supply replacements for the 'redundant' workers). More importantly this is pan-European legislation so the same rules apply across the EU and into Norway, Switzerland and Iceland.....
....I'd be interested as to whether the definition of agency applies to UK archaeology, when staff are 'loaned' on projects by one employer to another. The new regulation states:
4.—(1) In these Regulations “temporary work agency” means a person engaged in the economic activity, public or private, whether or not operating for profit, and whether or not carrying on such activity in conjunction with others, of—
(a)supplying individuals to work temporarily for and under the supervision and direction of hirers; or
(b)paying for, or receiving or forwarding payment for, the services of individuals who are supplied to work temporarily for and under the supervision and direction of hirers.
..which would seem to me to cover loans of staff if money changes hands i.e one employer pays a fee to another to supply staff.
....I'd be interested as to whether the definition of agency applies to UK archaeology, when staff are 'loaned' on projects by one employer to another. The new regulation states:
4.—(1) In these Regulations “temporary work agency” means a person engaged in the economic activity, public or private, whether or not operating for profit, and whether or not carrying on such activity in conjunction with others, of—
(a)supplying individuals to work temporarily for and under the supervision and direction of hirers; or
(b)paying for, or receiving or forwarding payment for, the services of individuals who are supplied to work temporarily for and under the supervision and direction of hirers.
..which would seem to me to cover loans of staff if money changes hands i.e one employer pays a fee to another to supply staff.
With peace and consolation hath dismist, And calm of mind all passion spent...