Agency Worker Regulations

Agency Worker Regulations

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We have created this summary document to give you an overview of the legislation. It is important to note that this document does not provide the full details of the Agency Worker Regulations.

Full Guidance can be found here:- AWR Full Guidance

The Agency Workers Regulations came into force on 1 October 2011 in Scotland, England & Wales. Northern Ireland was from 1 December 2011.

The Regulations give Agency Workers the right to the same basic working & employment conditions they would receive if they were engaged directly by an end user Hirer to do the same job. These rights will commence after the Agency Worker has worked in the same role for 12 calendar weeks with the same Hirer.

This is limited to conditions that relate to pay and working time. Agency Workers will also be entitled to access facilities & amenities that an end user Hirer provides to its own workers and to be advised by a Hirer of vacancies which arise in the Hirer’s business..

The Regulations define an Agency Worker as:

  • an Individual;
  • who is supplied by a temporary work agency to work temporarily under the supervision and direction of a Hirer; and who
  • has a contract of employment or any other type of contract (a contract for services example) under which they provide their service personally for the agency.

The regulations don’t cover the genuinely self-employed, individuals working through their own limited liability company, or individuals working on managed service contracts.

Day 1 Rights

Agency Workers are entitled to the following from Day 1 of an assignment

  • The right to be informed by the Hirer of existing vacancies within their organisation – although there is no obligation on the Hirer to employ the Agency Worker.
  • The right to access collective on-site facilities provided by the Hirer, which will be specific to each Hirer, but may include:- Canteen or other similar facilities, Workplace Creche, Mother & Baby rooms, Car Parking, Prayer rooms, Staff Common rooms, toilet or shower facilities etc.

Qualification Period
The Agency Worker must have worked in the same role with a Hirer for 12 continuous calendar weeks. It is important to note that:

The Qualifying Clock can be interrupted in the following ways:-

Resets to Zero – If the Agency Worker begins a new assignment with a new Hirer or has a 6 week gap or more
Pauses – Breaks of 6 weeks or less, Annual Leave, Sickness or Injury, Jury Service
Keeps Ticking – Any Pregnancy or Maternity, Paternity or Adoption related matter

What is Equal Treatment?
A qualifying Agency Worker is entitled to the same basic working and employment conditions as a worker recruited directly by a Hirer after 12 weeks of service in the same role with the same Hirer. These conditions relate to:

  • Pay; basic, bonuses or commission payments, shift allowance, overtime, holiday pay & vouchers
  • Duration of working time;
  • Night work;
  • Rest periods;
  • Rest breaks; and
  • Annual leave

Pregnant Agency Workers will also be entitled to paid time off to attend medical appointments & antenatal classes after achieving 12 weeks qualifying.

This is a large piece of legislation and the above is a summary of some of the key points, however, if at any time you have any questions on AWR please contact us.  You can either call our office to speak with your Consultant or email your questions to hello@primestaff.co.uk