http://www.legislation.gov.uk/nisr/2011/350/section/7THE AGENCY WORKERS REGULATIONS (NORTHERN IRELAND) 2011Temporary employmentEmployment terms and conditionsEmployment regulationsEmployment rightsHealth and safety at workenEMPLOYMENTStatute Law Database2025-02-06Expert Participation2023-09-29 These Regulations, which are made under section 2(2) of the European Communities Act 1972 (c.68), and Articles 17(1), (2) and (5), 55(2) of, and paragraphs 6, 7 and 14(1) of Schedule 3 to the Health and Safety at Work (Northern Ireland) Order 1978, implement in Northern Ireland Council Directive 2008/104/EC of 19th November 2008 on temporary agency work (OJ L 327, 5.12.2008, p.9). This Directive establishes a general framework for protection of temporary agency workers. The Regulations provide certain rights for temporary agency workers including in relation to basic working and employment conditions. PART 271Regulation 5 does not apply unless an agency worker has completed the qualifying period.2To complete the qualifying period the agency worker must work in the same role with the same hirer for 12 continuous calendar weeks, during one or more assignments.3For the purposes of this regulation and regulations 8 and 9, the agency worker works in “the same role” unless—athe agency worker has started a new role with the same hirer, whether supplied by the same or by a different temporary work agency;bthe work or duties that make up the whole or the main part of that new role are substantively different from the work or duties that made up the whole or the main part of the previous role; andcthe temporary work agency has informed the agency worker in writing of the type of work the agency worker will be required to do in the new role.4For the purposes of this regulation and regulation 10, any week during the whole or part of which an agency worker works during an assignment is counted as a calendar week.5For the purposes of this regulation and regulations 8 and 9, when calculating whether any weeks completed with a particular hirer are continuous, where—athe agency worker has started working during an assignment, and there is a break, either between assignments or during an assignment, when the agency worker is not working,bparagraph (8) applies to that break, andcthe agency worker returns to work in the same role with the same hirer,any continuous weeks during which the agency worker worked for that hirer before the break shall be carried forward and treated as continuous with any weeks during which the agency worker works for that hirer after the break.6For the purposes of this regulation and regulation 8, when calculating the number of weeks during which the agency worker has worked, where the agency worker has—astarted working in a role during an assignment, andbis unable to continue working for a reason described in paragraph (8)(c) or (8)(d)(i), (ii) or (iii),for the period that is covered by one or more such reasons, that agency worker shall be deemed to be working in that role with the hirer, for the original intended duration, or likely duration of the assignment, whichever is the longer.7Where—aan assignment ends on grounds which are maternity grounds within the meaning of Article 100A of the 1996 Order, andbthe agency worker is deemed to be working in that role in accordance with paragraph (6),the fact that an agency worker is actually working in another role, whether for the same or a different hirer during the period mentioned in paragraph (6) or any part of that period, does not affect the operation of that paragraph.8This paragraph applies where there is a break between assignments, or during an assignment, when the agency worker is not working and the break is—afor any reason and the break is not more than six calendar weeks;bwholly due to the fact that the agency worker is incapable of working in consequence of sickness or injury, and the requirements of paragraph (9) are satisfied;crelated to pregnancy, childbirth or maternity and is at a time in a protected period;dwholly for the purpose of taking time off or leave, whether statutory or contractual, to which the agency worker is otherwise entitled which is—iordinary, compulsory or additional maternity leave;iiordinary or additional adoption leave;iiipaternity leave;ivtime off or other leave not listed in sub-paragraph (d)(i), (ii) or (iii); orvfor more than one of the reasons listed in sub-paragraph (d)(i) to (iv);ewholly due to the fact that the agency worker is required to attend at any place in pursuance of being summoned for service as a juror under the Juries (Northern Ireland) Order 1996, or the Coroners Act (Northern Ireland) 1959, and the break is 28 calendar weeks or less;fwholly due to a temporary cessation in the hirer’s requirement for any worker to be present at the establishment and work in a particular role, for a pre-determined period of time according to the established custom and practices of the hirer;gwholly due to a strike, lock-out or other industrial action at the hirer’s establishment; orhwholly due to more than one of the reasons listed in sub-paragraphs (b), (c), (d), (e), (f) or (g).9Paragraph (8)(b) only applies where—athe break is 28 calendar weeks or less;bparagraph (8)(c) does not apply; andcif required to do so by the temporary work agency, the agency worker has provided such written medical evidence as may reasonably be required.10For the purposes of paragraph (8)(c) a protected period begins at the start of the pregnancy, and the protected period associated with any particular pregnancy ends at the end of the 26 weeks beginning with childbirth or, if earlier, when the agency worker returns to work.11For the purposes of paragraph (10) “childbirth” means the birth of a living child or the birth of a child whether living or dead after 24 weeks of pregnancy.12Time spent by an agency worker working during an assignment before 5th December 2011 does not count for the purposes of this regulation. S.I.1996/1141 (N.I.6) 1959 c.15 (N.I.) Reg. 7 in operation at 5.12.2011, see reg.1