Originally published as Covington E-Alert on June 15, 2011

The U.K. Department for Business, Innovation and Skills (BIS) has recently issued the final version of its guidance on the Agency Workers Regulations 2010, which implement Directive 2008/104/EC.

The Regulations come into force on 1 October 2011, and will entitle agency workers (or “temps”) to the same basic pay and working conditions as the hirer’s own employees; and access to the hirer’s facilities and information on job vacancies. Pay for the purposes of the Regulations is essentially the reward employees receive for work done, and includes basic salary, holiday pay, commission and bonus (where the bonus rewards the amount or quality of the individual’s work); it does not include severance payments, or “additional extras” such as long-term incentive schemes, loans or pension payments. This E-alert concentrates on those issues that we have identified in discussion with clients and industry groups as being of particular relevance to life sciences companies. It also takes into account the Government’s guidance, re-issued this month.

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Photo of Robin Blaney Robin Blaney

Robin Blaney has broad experience in the life sciences sector including involvement in corporate, commercial, litigation, data privacy, and regulatory matters. He has gained particular experience in licensing, collaborative, and commercial transactions for life sciences clients. His regulatory practice includes pharmaceutical, medical device…

Robin Blaney has broad experience in the life sciences sector including involvement in corporate, commercial, litigation, data privacy, and regulatory matters. He has gained particular experience in licensing, collaborative, and commercial transactions for life sciences clients. His regulatory practice includes pharmaceutical, medical device, food, and consumer product regulation.

Photo of Chris Bracebridge Chris Bracebridge

Chris Bracebridge specialises in advising employers on global mobility and international employment issues, including the expatriation and dismissal of senior employees who work abroad or across borders. He heads and co-ordinates a team providing the employment, tax and immigration advice required in these…

Chris Bracebridge specialises in advising employers on global mobility and international employment issues, including the expatriation and dismissal of senior employees who work abroad or across borders. He heads and co-ordinates a team providing the employment, tax and immigration advice required in these complex situations.  Mr. Bracebridge’s domestic practice comprises contentious, commercial and advisory employment experience.  He advises on the HR aspects of company and business acquisitions and disposals, and outsourcing transactions, defends financial institutions and other major employers in dismissal, discrimination, equal pay and whistle-blowing cases, and advises corporate clients on the full range of day-to-day employment issues, as well as data privacy and pensions matters.

Photo of Grant Castle Grant Castle

Grant Castle practices in the areas of life sciences regulatory law, with an emphasis on pharmaceutical and medical device regulation. His advice on general regulatory matters includes: adverse event and other reporting obligations, manufacturing controls, labeling and promotion, and product life cycle management.

Grant Castle practices in the areas of life sciences regulatory law, with an emphasis on pharmaceutical and medical device regulation. His advice on general regulatory matters includes: adverse event and other reporting obligations, manufacturing controls, labeling and promotion, and product life cycle management. He has also advised extensively on EC and national laws governing clinical research, data protection, and the regulatory status of borderline products. He has developed considerable expertise in coordinating regulatory projects covering jurisdictions outside of Europe, including Canada, South America, Eastern Europe, the former Soviet Union, Africa, the Near East, Japan, and Australia. His transactional work includes advice on regulatory aspects of mergers and acquisitions, licensing, and collaborative arrangements.

Photo of Christopher Walter Christopher Walter

Christopher Walter works with employer clients on domestic and international HR-legal compliance and human rights projects. Mr. Walter co-chairs the firm’s International Employment practice, and serves as Managing Partner of the London office.

Mr. Walter’s advisory practice encompasses the full range of employment…

Christopher Walter works with employer clients on domestic and international HR-legal compliance and human rights projects. Mr. Walter co-chairs the firm’s International Employment practice, and serves as Managing Partner of the London office.

Mr. Walter’s advisory practice encompasses the full range of employment and employee benefits issues that matter to leading multinational employers, including the drafting of share and other incentive plans, global mobility, privacy compliance, employment issues in M&A transactions, outsourcing, workforce integration, and the implementation of core policies/codes of conduct, with a particular focus on business and human rights.

Mr. Walter began his legal career as a UK barrister, however, and also has considerable experience as an advocate before UK courts and tribunals, securing confidentiality injunctions and defending employers against claims of unfairness, discrimination and other alleged violations of employment laws.

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