THE AGENCY WORKERS REGULATIONS (NORTHERN IRELAND) 2011

Relevant terms and conditionsN.I.

6.—(1) In regulation 5(2) and (3) “relevant terms and conditions” means terms and conditions relating to—

(a)pay;

(b)the duration of working time;

(c)night work;

(d)rest periods;

(e)rest breaks; and

(f)annual leave.

(2) For the purposes of paragraph (1)(a), “pay” means any sums payable to a worker of the hirer in connection with the worker’s employment, including any fee, bonus, commission, holiday pay or other emolument referable to the employment, whether payable under contract or otherwise, but excluding any payments or rewards within paragraph (3).

(3) Those payments or rewards are—

(a)any payment by way of occupational sick pay;

(b)any payment by way of a pension, allowance or gratuity in connection with the worker’s retirement or as compensation for loss of office;

(c)any payment in respect of maternity, paternity or adoption leave;

(d)any payment referable to the worker’s redundancy;

(e)any payment or reward made pursuant to a financial participation scheme;

(f)any bonus, incentive payment or reward which is not directly attributable to the amount or quality of the work done by a worker, and which is given to a worker for a reason other than the amount or quality of work done such as to encourage the worker’s loyalty or to reward the worker’s long-term service;

(g)any payment for time off under Part VII of the 1996 Order(1) (payment for time off for carrying out trade union duties etc);

(h)a guarantee payment under Article 60 of the 1996 Order;

(i)any payment by way of an advance under an agreement for a loan or by way of an advance of pay (but without prejudice to the application of Article 45 of the 1996 Order to any deduction made from the worker’s wages in respect of any such advance);

(j)any payment in respect of expenses incurred by the worker in carrying out the employment; and

(k)any payment to the worker otherwise than in that person’s capacity as a worker.

(4) For the purposes of paragraphs (2) and (3) any monetary value attaching to any payment or benefit in kind furnished to a worker by the hirer shall not be treated as pay of the worker except any voucher or stamp which is—

(a)of fixed value expressed in monetary terms, and

(b)capable of being exchanged (whether on its own or together with other vouchers, stamps or documents, and whether immediately or only after a time) for money, goods or services (or for any combination of two or more of those things).

(5) In this regulation—

“financial participation scheme” means any scheme that offers workers of the hirer—

“night time”, in relation to an individual, means—

“night work” means work during night time;

“relevant training” means work experience provided pursuant to a training course or programme, training for employment, or both, other than work experience or training—

“rest period”, in relation to an individual, means a period which is not working time, other than a rest break or leave to which that individual is entitled either under the [F1Working Time Regulations (Northern Ireland) 2016] or under the contract between that individual and the employer of that individual;

“working time”, in relation to an individual means—

“working time agreement”, in relation to an individual, means a workforce agreement within the meaning of regulation 2(2) of the [F1Working Time Regulations (Northern Ireland) 2016], which applies to the individual any provision of—