AWR news
Posted: Sep 14, 2011, 00:00 a.m.
Implementation of Agency Workers Regulations – October 2011
We provide this information to Clients as a summary of the Agency Workers Regulations (AWR) due to come into force 01 October 2011.
The basis of AWR (subject to a 12 week qualifying period) will require;
· Basic working and employment conditions for agency workers that are no less favourable than if the hirer recruited them direct.
· Equal access for temporary workers to facilities and permanent employment.
· Penalties for non-compliance by Agencies and Clients may apply.
Note the AWR do not apply to self-employed or those on a managed service contract. The AWR applies to Employment Businesses who supply workers to hirers for temporary work (as opposed to an employment agency which finds permanent employment for individuals).
What Rights does the AWR provide for Flexi-Workers?
The right to equal treatment - This is the right for agency workers to be treated, in respect of certain terms of employment, as if they had been recruited directly by the hirer (subject to a 12 week qualifying period). The agency worker is not entitled to equal treatment in respect of all terms and conditions, only “basic working and employment conditions” defined as; Pay (see below), Duration of working time, Length of night work, Rest periods, Rest breaks and Annual leave.
Pay - includes Basic pay and Holiday pay, Overtime pay, Shift allowances, Unsocial hours premiums or bonus, Additional payments that permanent staff are entitled to, Bonuses linked to individual performance (Gratuities or piece-work bonus) but does not include Share Schemes, Pensions, Contractual Sick Pay, Contractual Notice or Redundancy Pay and Health Insurance.
12 week qualifying period.
The right to equal treatment does not apply until an agency worker has undertaken the same role, whether on one or more assignments, with the same hirer, for 12 continuous calendar weeks. Continuity is considered broken where there is a break of at least six calendar weeks either during or between assignments.
Access to Permanent Vacancies
From the start of their assignment (not the end of the 12-week qualifying period), an agency worker has the right to be informed of any relevant vacancies within the hirer business during their assignment, in order to be afforded the same opportunity as a comparable worker to find permanent employment with the hirer.
We trust the above offers a basic overview. Should you require a comprehensive version of the Regulations please visit
