Agency and Casual Worker Policy

Introduction

The Council has a preference to undertake its own recruitment and agency staff will only be used in circumstances where all other attempts to fill a vacancy have been exhausted.

Legislative Background

The Agency Worker Regulations 2010 came into force on the 1st October 2011. These regulations provide agency workers with basic working and employment conditions, from day one of their assignment.

Day One

• Access to collective facilities and amenities provided by the end-user;
• Induction (see Staff Handbook)
• Car-parking (if applicable)
• Information of job vacancies

After a period of 12 weeks continuously work

• National minimum wage
• Paid annual leave
• Working time regulations i.e. rest periods, breaks, duration of work-time paid time of for antenatal appointments
• Statutory sickness pay
• Right to be accompanied to disciplinary and grievance hearings
• Right not to be discriminated against in accordance with the Equality Act 2010
• Whistleblowing rights

The Council recognises that these regulations must be adopted for those on a casual contract and agency workers. All records relating to an agency or casual worker will be treated as confidential and kept in accordance with the Data Protection Act 1998, which gives individuals the right to request and have access to certain personal data. Refer to Data Protection Policy for further guidance.

Casual Workers

Within the Council there are a number of Casual workers that assist in the service delivery, these include, but are not exclusive to:

• Leisure and sport centre facilities
• Theatre
• Seafront (seasonal)
• Careline

There is no obligation for a casual worker to accept work that has been offered and no obligation for the Council to offer any work to casual employees.

Agency Workers

It is the view of the Council that the use of agency workers must be kept to a minimum. See section 5 to obtain approval for the use of agency workers. If an agency worker applies and is successful at employment within the Council, the Council may be liable to pay an introductory fee to the Agency in which the worker was previously employed; this fee can be in the region of 20% of the annual salary. Managers should seek advice from Human Resources prior to interviewing any agency candidate.

Seeking Approval

Submission of Vacancy Approval Proforma

Before any request for the use of agency workers or to recruit casual workers authorisation must first be obtained. The relevant Head of Department must submit a Vacancy Approval Proforma to the Workforce Panel via Human Resources. This is to request the additional resource. The approval must contain the rationale for the temporary increase in staffing as well as the expected duration.

Declined by Workforce Panel

Feedback will be provided by Human Resources

Approval to use Agency staff

Human Resources and Head of Department/Section Manager to source agency staff

Approval to appoint Casual worker/s

Human Resources will commence the recruitment in accordance with the Recruitment and Selection Policy

Human Resources will take a lead on any negotiations for services from an agency (including recruitment agencies)

Timeframe

It is expected that managers should consider their staffing requirements in advance, thus allowing the consideration for Workforce Panel.

Exclusions

Consideration is unlikely to be given for the use of agency or casual workers to cover a permanent officer’s absence.

Annual Leave Entitlement

Agency and casual workers are entitled to pro-rata annual leave. This is calculated on the following basis:-

The holiday entitlement of 5.6 weeks is equivalent to 12.07 per cent of hours worked over a year. *The 12.07 per cent figure is 5.6 weeks’ holiday, divided by 46.4 weeks (being 52 weeks – 5.6 weeks). The 5.6 weeks are excluded from the calculation as the worker would not be at work during those 5.6 weeks in order to accrue annual leave. Payment for annual leave will be calculated using the total of the hours worked over a 12 week period (rounded up, adopting the formulae above). Therefore, any payment due will be made on a 3 monthly basis.

DBS for Agency Workers

Under the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 and Order 1986 it is the Council’s policy to require all applicants for employment to disclose criminal convictions. The Act provides that certain convictions shall be regarded as ‘spent’ after specified periods of time have elapsed. Any agency will be informed of the level of Disclosure required prior to the commencement of work. It is the responsibility of the agency to whom are providing the staff, to ensure that disclosures are obtained prior to the worker commencing with the Council. Human Resources will require confirmation of the CRB disclosure number from the agency before the worker can commence any duties.

For any further information please contact Human Resources.