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Agency Workers Regulations – What is the AWR? A Brief Overview

The Agency Workers Regulations 2010 (the Regulations) will give temporary agency workers the right to equal treatment. This means that they receive the same basic working and employment conditions as they would have been entitled to had they been recruited directly by the client to do the same job. The rights will commence after a 12 calendar week qualifying period.

 When does the agency workers regulation come into force?

The AWR will come into force on 1st October 2011.

 What is meant by  ’12 week qualifying period’?

  •  The agency workers regulations will only apply following a 12 week qualifying period.
  • The qualifying period starts from 1 October 2011 regardless of when the assignment started.
  • To complete the qualifying period the agency worker must work in the same role with the same client for 12 continuous calendar weeks, during one or more assignments.

 What ‘equal treatment’ is a temporary worker entitled to after the 12 week qualifying period, under the agency workers regulation?

After the 12 week qualifying period, a temporary worker will be entitled to the same:

  • Pay (fees/bonuses/commission/holiday pay/unsociable hours premiums/overtime)
  • Duration of working time
  • Night work
  • Rest periods
  • Rest breaks and annual leave as permanent employees

 What is an agency worker entitled to as soon as work commences?

Some rights accrue as soon as agency workers are hired and are not dependant on the 12 weeks’ qualifying period.

These are rights include;

  • Parking
  • Lockers
  • Staff canteen
  • Crèche/childcare
  • Provision of transport services
  • Subsidised gym membership
  • The right to be informed by the client of any relevant vacant posts with the hire, to give that agency worker the same opportunity as a comparable worker to find permanent employment with the client

This list is not exhaustive; however it gives examples of those rights which are to be in place as soon as an agency worker is hired.

Call 01254 239100 for further details or free advice on the Agency workers regulations and how it affects you.