Under the Regulations the client will be liable for any failure to provide the agency worker with access to its collective facilities and amenities or to information about job vacancies that the client has. An agency worker is entitled to these rights from day one of their assignment.
Whilst the agency has no liability for ensuring that the agency worker has access to collective facilities and information about vacancies, they will be able to help their clients to meet their obligations by asking the following questions on receipt of instructions to supply an agency worker:
• What collective facilities are available to the client’s own workers? These include, for example canteens, child care facilities and transport services;
• Can the client justify on objective grounds withholding access to these collective facilities from agency workers?
• How does the client advertise any vacancies which arise?