Protection from Redundancy and Neonatal Care Bills Have Become Law

Are agency workers entitled to the rights of these two new Acts?

Being entitled to employment rights such as these would depend on the worker’s employment status. Many employment rights are only available to those who are classified as employees and not to temporary workers that are often supplied via recruitment agencies like Blue Arrow. For example, workers need to be classified as an employee to have the right to take Maternity Leave and return to the same job.

However, there are cases where there could be an ‘implied’ contract of employment between an agency worker and an employer, where for example, the agency provides the worker with tools needed to do the job and they’re restricted from working for other employers.

Also, after 12 continuous weeks in an assignment, agency workers are entitled to receive the same basic working and employment conditions as the hirer’s employees. To qualify for many maternity rights, the agency worker would need to have worked for the same employer for 26 weeks.

Next steps

The Protection from Redundancy (Pregnancy and Family Leave) Act has come about to protect new and expectant parents from discrimination and avoids them having to compete for redeployment opportunities at a vulnerable time in their lives. Whereas the Neonatal Care Act comes as a result of many parents needing time and resources to deal with the trauma of neonatal care, without the worry of additional financial pressures and returning to work too soon.

We will continue to monitor developments on these two Acts and keep our clients informed regarding any new regulations and enforcement dates that become available. In the meantime, you can browse our other insights for other latest industry news.