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Client 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:

Canteen

Wash room facilities

Parking

Gym membership

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:

Basic pay

Holiday pay

Performance related bonuses or incentives

Overtime premiums

Shift premiums

Commission payments

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)

Pension payments

Company car

Share options

Bonuses or incentives not linked to performance

Redundancy payments

Health insurance

 

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.