Today marks two years since the Agency Workers’
Regulations (AWR) were implemented.
Since then, we’ve seen waves of positive and negative press, as well as
reports of the scheme having much less impact than anticipated. So, for those who aren’t aware, the new
legislation gave agency workers the same basic working conditions as those
recruited directly – if, and when, they had been in the same job for more than
12 weeks.
If you’re new to AWR – or haven’t quite got your head
around it yet – here are the answers to our most frequently asked questions
(drawing on the Department for Business Innovation & Skills’ official
Agency Workers Regulations Guidance and discussions with industry bodies):
Temporary agency workers
Individuals or companies who supply temporary workers
Hirers.
Who is an agency
worker in the UK?
Someone who has a contract with a temporary work agency
(an employment contract or one to perform work personally) but works
temporarily for, and under the direction and supervision of, a hirer.
You’re not covered
if...
You find work through an agency but are in business in your own account – in other words, if the hirer is actually your client or customer instead of the agency’s
If you’re working on a contract where you’re not under the supervision of the hirer
If you’re part of an in-house temporary staffing bank
If you found direct employment with the help of an agency
If you’re on secondment from one company to another
You find work through an agency but are in business in your own account – in other words, if the hirer is actually your client or customer instead of the agency’s
If you’re working on a contract where you’re not under the supervision of the hirer
If you’re part of an in-house temporary staffing bank
If you found direct employment with the help of an agency
If you’re on secondment from one company to another
So I get equal
treatment. What does that cover?
From day one, you’ll get access to facilities and
recruitment information. After 12 weeks,
terms and conditions are just as favourable as those employed directly. This covers key elements of pay, working
hours, night work, rest periods and annual leave.
Are there any
exemptions?
Yes – the TWA can offer the worker a permanent contract
of employment and pay between assignments, if there are no suitable assignments
or they’re not working, for example.
There are detailed rules that cover this. But it means after 12 weeks in the job the
worker won’t be entitled to the same pay as if they’d been directly recruited. Your TWA will explain this and you’ll be able
to make an informed decision of whether you’d like to forgo the entitlement and
enter a permanent contract.
What if my
irregular work patterns make the 12-weeks impossible to achieve?
The regulations look at the qualifying period as a clock
running from zero to 12. A gap between
assignments or move to a new one reset the clock to zero. But in some situations a break pauses the
clock – due to illness, annual leave or jury duty, for example – and it
continues ticking when the worker returns.
In very select circumstances, it can keep ticking even if the worker
isn’t on an assignment – a planned shutdown by the hirer, for example.
What if I’m
pregnant or a new mother?
If you’re pregnant you’ll get paid time off for antenatal
appointments and classes.
Can I work through
multiple TWAs?
It’s essential that correct hirer information is supplied
from one TWA to another where there are intermediaries involved in the supply
of a worker, such as master or neutral vendor arrangements or umbrella
companies. In the event of a claim, the
tribunal would decide which party was responsible for any breach to the extent
that it responsible for the infringement.
What about
umbrella companies?
They are classed as TWAs under the regulations.
If I think my
entitlements have been infringed, what can I do?
You’re entitled to information about your entitlements,
depending on the type of equal treatment you’re asking about. Talk to your TWA in the first instance as
they’ll often be able to sort out problems without going into formal
procedures.
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