The Agency Workers Regulation (AWR) is European Wide Legislation introduced in the UK in October 2011.
AWR gives specific day one rights to a temporary worker, this is the responsibility of the client. AWR also gives equal treatment to eligible Agency Workers after 12 weeks service, this includes pay and benefits, this is the responsibility of the agency and the client.
Day 1 - Agency workers will be entitled to access collective facilities which clients make available to their own workers on-site, such as canteen, childcare facilities and transport services. Agency workers will also be entitled to details of the client’s existing vacancies
Week 12 rights – After working for the same client hirer in the same role for 12 weeks a temporary worker becomes entitled to: the same pay (as listed below) and working conditions (this refers to any working time entitlements – working hours, rest breaks, paid holiday).
Day 1 and week 12 rights are a legal requirement for all PAYE and umbrella company agency workers.
Pay includes | Pay does not include (temporary worker not entitled): |
Commission | Benefits in kind |
Shift, difficult/dangerous work premia | Occupational sick pay |
Holiday pay* | Pension payments |
Overtime pay | Maternity, paternity and adoption pay |
Vouchers (with a fixed monetary value) | Redundancy pay |
Individual performance related bonuses | Share and option schemes |
Other money benefits referable to the work undertaken during the assignment | Loyalty bonuses (such as Christmas bonus) or any bonus payments not directly attributable to the amount or quality of the work performed |
| Company car |
| Health / Life Insurance |
*Temporary workers are already given statutory paid holiday. This is paid in addition to the hourly/daily rate as rolling it up in the rate is unlawful. The definition of pay under the AWR includes holiday pay but in reality this will be limited to any additional contractual paid holiday over and above the statutory minimum already given. This additional contractual pay can be rolled up with the pay rate and we will ensure any additional contractual holiday is accounted for in the rate agreed with the temporary worker.
For full details of the regulations, please see the link below:-
https://www.gov.uk/agency-workers-your-rights/basic-information-you-should-receive
