The Agency Workers Regulations (AWR) became law on 1st October 2011. Here is everything that you need to know about AWR This essentially means that after 12 weeks in an assignment, the agency workers’ relevant terms and conditions must be in line as if they were a permanent employee. These regulations apply to all agency workers either PAYE or through an umbrella company. These regulations apply once an Dagency worker has carried out 12 weeks of consecutive work in a particular role, regardless of working pattern.
This right applies to the below;
- Duration of working time
- Overtime and night work
- Breaks and rest periods
- Holidays and public holiday pay
- Collective facilities
The regulations do not apply to;
- Occupational sick pay
- Maternity / paternity pay
- Redundancy and notice pay
- Payments related to pension entitlement
- Bonuses not based on individual performance
- Profit sharing schemes
- Season ticket loans or car allowances
Candidates also have a right from their first day of employment such as being informed of any permanent opportunities within the firm.
If you have a pay scale that sets starting pay for the relevant job, that is the reference point for equal treatment. If there is not a pay scale, but as a matter of course pay is set at a particular pay rate and/or there is a certain entitlement to leave, these will be the deciding points of reference.
Agency workers are sometimes taken on to carry out a one-off project, wit no permanent employee carrying out the same job. In the absence of a relevant policy or precedent, the regulations are unlikely to apply to an agency worker’s pay. However, if there is a clear policy on annual leave for permanent employees for example, an agency worker could be entitled to equal treatment in that respect.
After the 12 week qualifying period has elapsed, agency workers have the right to request details of how their pay and conditions have been determined from their agency.
For more information on AWR, please contact your consultant who will be happy to discuss this further with you.
