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, the responsibility of this falls on the agency and the client.
As a hirer of a temporary agency workers please ensure you:
- Understand the regulations
- Assess the likely impact the regulations will have on your business
- Work closely with us to minimise the costs and any potential disruption the implementation of the regulations may cause
- Put effective systems in place to ensure compliance with the regulations
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, gym membership 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 (you) 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).
Pay does not include (temporary worker not entitled):
Benefits in kind
Shift, difficult/dangerous work premia
Occupational sick pay
Maternity, paternity and adoption pay
Vouchers (with a fixed monetary value)
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
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.
The regulations include anti-avoidance provisions to prevent a hirer from structuring assignments to prevent a temp from acquiring 12 week rights. A penalty of £5,000 is payable if the temp succeeds before a tribunal.
1 and week 12 rights are a legal requirement for all PAYE and umbrella company agency workers.
For full details of the regulations, please see the link below:-