LRD guides and handbook October 2021

Health and Safety Law 2021

Chapter 4

Pregnant agency workers

[ch 4: page 78]

The duties owed to pregnant workers under the Management Regulations cover temporary agency workers as well as permanent employees. The Agency Workers Regulations 2010 extended the right to a “maternity suspension” to all temporary agency workers who have completed a statutory 12-week qualifying period. Any pregnancy-related absence counts towards this qualifying period.

As long as the agency worker has enough qualifying service, whenever health and safety considerations prevent a temporary assignment continuing, the employment agency must provide an alternative assignment. If there is nothing suitable available, the agency must pay the agency worker for the rest of the original assignment.