Information hub

Eligibility to work in the UK

Before a temporary worker begins an assignment it is essential they have registered on our website and have visited the elitejobboard branch that they will be working through to establish their eligibility to work in the UK. It is essential that this check is completed before the candidate starts work. Guidance for the temporary worker on what documents they need to bring can be found by visiting the Candidate section on the information hub. If you are uncertain whether one of your temporary workers has completed this process then please contact your elitejobboard consultant who will be happy to help you.

In some cases a temporary worker may have restrictions on their work due to their visa. If this is the case then it is important not to allow the temp to work in breach of these restrictions. For Student visa holders this will normally restrict them to either 10 or 20 hours per week depending on their visa type. Always check with your elitejobboard consultant beforehand if a Student visa holder has requested to work more than this outside of term time as the rules can vary for different degree levels. You can check whether any of your temps have any working restrictions by selecting “My temps” in your dashboard menu. elitejobboard can provide further guidance on the restrictions on each temp if needed.

International workers may be working under temporary visas and be required to have document rechecks. In this case elitejobboard will inform you of this in the weeks before their eligibility to work expires to ensure that no further work is done until after new documentation has been supplied.

Agency Worker Regulations

Agency Workers in Great Britain have the right to ‘equal treatment’ to permanent staff in certain areas of their employment. These regulations apply to most positions filled by elitejobboard. However, some internal vacancies with universities may be exempt.

Employment rights from day 1

An agency worker will be entitled to access the same facilities and information on job vacancies as comparable permanent employees (e.g. staff canteen, car parking and child care facilities).

Employment rights after 12 weeks

After completing 12 weeks of work with no gaps in employment of over 6 weeks the temporary agency worker would be entitled to equivalent working and employment conditions as that of a comparable employee in certain areas. These are;

Key elements of pay (this includes basic pay, overtime rates and bonus or commission payments directly linked to the quantity or quality of work)
Annual leave
Night work
Rest periods and breaks

What is a comparable employee?

A comparable employee is someone that is already working in full time employment for the hirer. The comparable employee will be engaged in doing the same or broadly similar work at a similar level of experience.

If you do not have a suitable comparable employee then the restriction is that the agency worker must be entitled to any of the benefits listed above that would have been given to them if they were starting the role on a permanent basis with the company. For example if, as an employer, you give all permanent employees 6 weeks paid annual leave and paid time off for bank and public holidays, the agency worker, post 12 weeks, should be entitled to the same treatment.

Working time regulations

The Working Time Regulations restrict the average working hours for workers and place restrictions on rest breaks and annual leave. These restrictions are more stringent for workers under the age of 18 (see guidance on young workers).

Maximum working hours

Under the Working Time Directive, the average working week for a worker must not exceed 48 hours per week. This average is calculated across a 17 week reference period (which excludes periods of annual leave or time off due to illness) and includes:

Job-related training
Time spent travelling for workers who have to travel as part of their job
Working lunches
Time spent working abroad in some cases
Paid and some unpaid overtime
Time spent on call at the workplace

However, the following periods are not included in this average:

Breaks when no work is done (for example lunch breaks)
Normal travel to and from work
Time on call away from the workplace
Unpaid overtime a worker has volunteered for
Paid or unpaid holiday

Workers aged 18 and over can opt out of these restrictions with elitejobboard if they wish to. An employer is not permitted to discriminate against a worker if they do not wish to opt out.

Rest breaks

Workers are legally entitled to a:

Rest break of 20 minutes when the working day is longer than 6 hours
Minimum rest period of 11 consecutive hours every 24 hour period
Minimum rest period of 24 consecutive hours every 7 days

Night work

Workers must not average more than 8 hours of night work in any 24 hour period.

Young Workers

Young workers (16 & 17 year-olds who are above ‘school leaving age’)

Young workers are under 18 but over school leaving age and are legally required to follow strict restrictions on their working hours and rest breaks. In England compulsory school age ends on the school leaving date (i.e. end of the school summer term) in the school year when an individual reaches the age of 16. The school leaving age is different in Wales, Scotland and Northern Ireland. There are extensive restrictions on when and for how long a young worker can work. These include:

A young worker must not work more than 8 hours per day or 40 hours per week (this is assessed on a week-by-week basis and cannot be averaged over several weeks)
If the work lasts for more than 4.5 hours, a young worker must have a rest break of at least 30 minutes
A young worker must have an uninterrupted rest period of at least 12 hours in each 24 hour period
Each week, a young worker must have at least two consecutive days off
A young worker cannot work between 10pm and 6am

Unlike with the Working Time Regulations for adult workers, young workers cannot opt out of these restrictions.

School-age workers (13 – 16 year-olds)

There are extensive restrictions on the working hours of school age workers. Regulations can vary between different authorities and often require an employer to obtain a permit before any work begins. Many local authorities will not permit a child to begin work until they reach 14. Because of this it is important to consult with elitejobboard if a school-age worker is being employed. The law permits children to work:

For a maximum of 2 hours on any school day only one of which may be before the start of school
For a maximum of 2 hours on any Sunday
For a maximum of 12 hours per week in term time
If aged under 15; for a maximum of 5 hours on any Saturday or on weekdays during school holidays subject to a weekly maximum of 25 hours in the school holidays
If aged 15 or over; for a maximum of 8 hours on any Saturday or on weekdays during school holidays subject to a weekly maximum of 35 hours in the school holidays

But they may not work:

For more than one hour before school
During school hours
Before 7.00am or after 19.00pm
For more than 4 hours in any day without a rest break of at least one hour
Without having, each year, a break of at least two consecutive weeks during the school holidays.
In any industrial undertaking such as a factory or building site.
In television, theatre or other forms of performance or modelling without a performance licence issued by the local authority
Without an employment permit issued by the local authority (which will specify any further restrictions). Please be aware that an application for this employment permit must be done by your elitejobboard branch and it can take several months before the candidate is able to start work depending on the steps required by the local authority.

Risk assessments

Before employing a young person, a health and safety risk assessment should be undertaken relating to the type of work they will be doing and the location in which they will be working. The risk assessment should be reviewed whenever a change to that working environment is proposed. Generally the risk assessment should take into account the relative inexperience of young workers, their possible lack of awareness of dangers and potential immaturity, and should consider whether it is appropriate to prohibit young workers completely from certain work activities, for example using particular equipment.

Supervision and induction

When a young person starts work, they are likely to need extra supervision. Staff must ensure that they:

Clearly understand who will be responsible for them during any particular shift
Are given the appropriate information and training on any hazards and risks
Understand any precautions they may have to take, have been provided with any necessary protective clothing or equipment and are supervised closely to ensure it is used
Understand what they need to do to ensure their own health and safety and that of other workers

Some young people may lack the confidence to voice any concerns they may have, so it is important they are made aware of the procedures for doing so. If there is a local safety representative, young workers should be made aware of how to contact them during their induction.

Statutory sick pay

If one of your temps is absent due to sickness or illness, then they may be eligible for Statutory Sick Pay provided that they meet the relevant statutory criteria. Please note that Statutory Sick Pay is not payable for the first 3 days of the period of absence.

If they wish to claim SSP they will be expected to complete a Self-Certification Form to cover the first 7 days of absence (including non-working days) and thereafter they will need to supply a Statement of Fitness to Work from their General Practitioner or other authorised medical professional (e.g. consultant). These forms should be sent to their local elitejobboard office.

Health and safety information

elitejobboard health and safety policy

elitejobboard is committed to securing a safe and healthy workplace and working environment for its temporary workers. The Health and Safety at Work Act 1974 places a responsibility on employers and workers to protect the health and safety of themselves and others when carrying out any work activity.

elitejobboard will ensure that any clients it works with

Hold the necessary public liability insurance
Has the appropriate licenses, permits and consents for the work being done
Understands its responsibilities for compliance with all relevant health and safety legislation
Has health and safety policy and procedures that cover temporary workers
Takes all reasonable steps to ensure the health and safety of temporary workers

Before placing a worker on an assignment, elitejobboard will request the hiring manager to:

Confirm what information, training or safety equipment is required for the role, for example an assignment in a scientific laboratory may require training on dealing with hazardous materials

At the start of an assignment, the hiring manager must:

Provide the client’s health and safety policy and procedures to the worker, for example via a document or access to the staff intranet
Brief and induct the worker about safe working procedures in the role
Provide any required safety clothing and equipment
Brief the worker on fire safety, including the location of fire exits and evacuation points and how to raise the alarm
Explain how to report an incident, accident, near miss or concern
Provide contact details for first aiders
Advise on the location of the first aid box

elitejobboard provides all its workers with guidance on:

The worker’s responsibilities to comply with the client’s health and safety policy and procedures
How to report incidents to elitejobboard

Health and Safety for Young Workers

Before placing a young worker in an assignment, elitejobboard will ensure that a health and safety risk assessment is undertaken by the client relating to the type of work they will be doing and the location in which they will be working. The risk assessment should be reviewed whenever a change to that working environment is proposed. Generally the risk assessment should take into account the relative inexperience of young workers, their possible lack of awareness of dangers and potential immaturity, and should consider whether it is appropriate to prohibit young workers completely from certain work activities, for example using particular equipment.

When a young person starts work, they are likely to need extra supervision. Staff must ensure that they:

Clearly understand who will be responsible for them during any particular shift
Are given the appropriate information and training on any hazards and risks
Understand any precautions they may have to take, have been provided with any necessary protective clothing or equipment and are supervised closely to ensure it is used
Understand what they need to do to ensure their own health and safety and that of other workers
Some young people may lack the confidence to voice any concerns they may have, so it is important they are made aware of the procedures for doing so. If there is a local safety representative, young workers should be made aware of how to contact them during their induction.

Reporting incidents

In the event of an incident during an assignment, the temporary worker must:

Report the issue to the client in accordance with the client’s procedure
Complete a elitejobboard incident report form.

elitejobboard will review the incident form and if necessary pursue the matter with the client.

Equality and diversity

elitejobboard is committed to promoting equality of opportunity and embracing diversity in all areas of the business. It aims to ensure that all its workplaces and services are free from unlawful discrimination and harassment.

As a signatory to the Recruitment and Employment Confederation Diversity Pledge, elitejobboard embraces diversity and seeks to promote the benefits of diversity in its business activities. The culture of the business reflects this pledge.

Protected Characteristics and Discrimination

elitejobboard seeks to treat everyone fairly and ensure that it does not directly or indirectly discriminate (see below) on the basis of any protected characteristics, defined under the Equality Act 2010 as:

Age
Disability
Gender reassignment
Marriage and civil partnership
Pregnancy and maternity
Race
Religion or belief
Sex
Sexual orientation

elitejobboard will also not discriminate on the basis of:

Nationality
Political beliefs
Membership or non-membership of a trade union
Spent criminal convictions

Recruitment

elitejobboard seeks to ensure that its recruitment and selection activities avoid unlawful or unfair discrimination. It will not:

Accept instructions from clients that indicate an intention to discriminate unlawfully
Discriminate unlawfully when advertising jobs, by ensuring that staff are trained to recognise potential discriminatory adverts and that they advise clients of more appropriate wording
Discriminate unlawfully when deciding which candidate or temporary worker is submitted for an assignment, by ensuring that each candidate is assessed only in accordance with their merits, qualifications and ability to perform the required duties
Discriminate unlawfully in any terms of employment or terms of engagement for temporary workers
Refuse or deliberately omit to provide services to certain groups of people with protected characteristics

elitejobboard recognises that some groups and individuals may experience disadvantage and believes that as an employer and as a service provider, it has a role to play in tackling disadvantage. The company supports clients that wish to take positive action in recruitment and supports disabled candidates who require reasonable adjustments to enable them to apply for jobs and take up assignments.

Diversity

elitejobboard aspires to have a diverse workforce which broadly reflects the composition of the community, recognising that within its staff and clients, there are differences in needs, culture, background, preferences and values. These differences are welcomed for the richness of views, perceptions and experiences they bring to the business, from which everyone can learn. elitejobboard is therefore committed to flexibility in its practices to encourage inclusion and support diversity.

See how to process a timesheet by watching the video below: