Agency Workers Regulation - The Facts
So what is the AWR legislation?
Simply put, the Agency Workers Regulation (AWR) gives Agency Workers equal rights to basic employment terms after a 12 week qualifying period. These equal rights include pay, holiday entitlement and access to facilities and information on job vacancies as any directly hired person would be entitled to. It became law on 1st October 2011 and applies across the United Kingdom (except N.I.).
How does the 12 week qualifying period work?
If an individual works on assignment at the same company, in roughly the same role, for 12 weeks or more the qualifying period has been reached. The weeks do not need to be consecutive; the ‘clock’ may be paused for sickness, annual leave, downtime (i.e. Christmas business closures, non-term time for schools) or for any break in assignment not lasting more than 6 weeks.
If an individual works on assignment at the same company, in roughly the same role, for 12 weeks or more the qualifying period has been reached. The weeks do not need to be consecutive; the ‘clock’ may be paused for sickness, annual leave, downtime (i.e. Christmas business closures, non-
And what does it mean for my business?
If you are an agency and you provide contractors, freelancers or temporary staff to an end client, for a non permanent assignment, then you are probably considered a Temporary Work Agency under the legislation. You may not employ the workers, they could be employed by another agency or an umbrella company, and these organisations would also be considered Temporary Work Agencies for the same worker.
If you are an organisation using temporary workers then you are considered the hirer under the legislation.
It doesn’t really matter who employs the individuals it is more about ensuring they are treated fairly in comparison with their colleagues, who are directly employed by the hirer, on assignment.
The legislation is clear that all those involved in the supply chain are responsible for upholding fair treatment. Your relationships with any additional supplier, umbrella or master vendor, is key to ensuring you have the right information to hand and that the data is tracked and recorded during assignments and available to you in order to make the right decision.
If you are an agency and you provide contractors, freelancers or temporary staff to an end client, for a non permanent assignment, then you are probably considered a Temporary Work Agency under the legislation. You may not employ the workers, they could be employed by another agency or an umbrella company, and these organisations would also be considered Temporary Work Agencies for the same worker.
If you are an organisation using temporary workers then you are considered the hirer under the legislation.
It doesn’t really matter who employs the individuals it is more about ensuring they are treated fairly in comparison with their colleagues, who are directly employed by the hirer, on assignment.
The legislation is clear that all those involved in the supply chain are responsible for upholding fair treatment. Your relationships with any additional supplier, umbrella or master vendor, is key to ensuring you have the right information to hand and that the data is tracked and recorded during assignments and available to you in order to make the right decision.
So what should I do now?
The first thing to do is to understand what impact, if any, there will be on your business. The vast majority of professional organisations already offer equal, if not enhanced, terms for their Agency Workers and so complying with the legislation is simple. Also there are many assignments that do not reach 12 weeks and so do not trigger entitlements under the legislation.
You need to discuss your agency work requirements or your current assignments with your end clients and agree if you have any risk of unfair treatment.
The first thing to do is to understand what impact, if any, there will be on your business. The vast majority of professional organisations already offer equal, if not enhanced, terms for their Agency Workers and so complying with the legislation is simple. Also there are many assignments that do not reach 12 weeks and so do not trigger entitlements under the legislation.
You need to discuss your agency work requirements or your current assignments with your end clients and agree if you have any risk of unfair treatment.
For further advice or to discuss any aspect of the implications or implementation of the AWR please
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