HR considerations
UK employment law and best practice
This template is designed to support the process, but the document should be used alongside the relevant HR procedure and applied to the circumstances of the individual case.
Agency worker arrangements
Where an agency worker is offered permanent employment by the organisation where they have been working, the agency and hiring organisation should ensure that the transition is consistent with the arrangements governing the agency assignment. The Conduct of Employment Agencies and Employment Businesses Regulations 2003 contain rules governing employment agencies and employment businesses: https://www.gov.uk/government/publications/conduct-regulations-2003-guidance-for-employment-agencies-and-employment-businesses/overview-of-the-conduct-regulations-2003
Terms of employment
Once the worker becomes directly employed, the hiring organisation must provide the appropriate written statement of employment particulars. GOV.UK provides guidance on the information that employers must provide to employees: https://www.gov.uk/employment-contracts-and-conditions/written-statement-of-employment-particulars
Right to work
The hiring organisation should ensure that the appropriate right to work checks have been completed before the individual starts direct employment, even where the individual has previously worked for the organisation through an agency. GOV.UK provides employer guidance: https://www.gov.uk/government/collections/right-to-work-checks-employers-code-of-practice
Equality and discrimination
The decision to offer permanent employment should not unlawfully discriminate against the worker because of a protected characteristic. The Equality Act 2010 applies to employment and recruitment decisions: https://www.legislation.gov.uk/ukpga/2010/15/contents
Agency fees and restrictions
Employment agencies and businesses may have contractual arrangements concerning the introduction or supply of workers and the circumstances in which a worker can be engaged directly. The parties should review their agency agreement before making or implementing a permanent offer. GOV.UK provides guidance on terms and conditions for employment agencies and businesses: https://www.gov.uk/employment-agencies-and-businesses/terms-and-conditions-
Holiday and employment rights
Once directly employed, the worker will have the employment rights and contractual arrangements applicable to their new employment. Holiday entitlement should be clearly confirmed as part of the employment documentation: https://www.gov.uk/holiday-entitlement-rights