Candidate Agency Worker Regulations 2010
The Agency Worker Regulations 2010 (AWR) came into effect in England, Scotland and Wales on 1st October 2011 and in Northern Ireland on 1st December 2011.
These regulations give temporary agency workers equal rights to the same pay and working conditions received by their comparable permanent workers.
Who qualifies as an agency worker?
The regulations cover Pay As You Earn temporary workers and those working via an Umbrella company.
Limited companies may also be covered if they do not consider themselves to be in business on their own account.
Day 1 Rights
From day one of their assignment, temporary workers are entitled to have access to the same facilities as their permanent comparable workers. These can include:
Wash room facilities
Temporary agency workers are also entitled to be kept informed of any internal vacancies at their workplace
Week 12 Rights
After a temporary agency worker has been in the same role for 12 calendar weeks they will be entitled to equal pay to their permanent comparable workers. This includes:
Performance related bonuses or incentives
Working conditions – working hours & break entitlement
Paid time off for ante-natal appointments
This does not include:
Sick pay (other than statutory sick pay)
Maternity, paternity or adoption pay (other than statutory pay)
Bonuses or incentives not linked to performance
Calculating the 12 week qualification date
The 12 week point will apply from the start date of the temporary agency worker’s assignment. This may be paused if the worker is absent at any point through the qualification period for the following reasons:
Statutory or contractual holiday
Absence of up to 6 weeks
Sickness of up to 28 weeks
Jury service of up to 28 weeks
Planned temporary work shutdown
The AWR clock will reset to zero if the agency worker starts a new or substantially different role either with the same hirer or within a new organisation.
How do LAW Absolute monitor the Agency Worker Regulations?
Upon placement of a temporary agency worker LAW Absolute will request details from the hirer with regards to the collective facilities available.
Along with the contract sent to the hirer, LAW Absolute will provide an Information Request Form to confirm the agency worker has not undertaken the role previously. This allows us to calculate the start date for the AWR qualification period.
LAW Absolute tracks the weeks worked by each individual agency worker. Our consultants will contact the hirer prior to the 12 week point to establish if there are any amendments to be made to the rates or holiday on our payroll system. We ask for written or email confirmation from the hirer.