Extension of the right to a maternity suspension to agency workers

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

This means that 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.