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Agency Workers Regulations

What is the AWR? A Brief Overview:

The Agency Workers Regulations 2010 (the Regulations) will give temporary agency workers the right to equal treatment. This means that they receive the same basic working and employment conditions as they would have been entitled to had they been recruited directly by the client to do the same job. The rights will commence after a 12-calendar week qualifying period.

Day 1 Rights: What is an agency worker entitled to as soon as work commences?

Some rights accrue as soon as agency workers are hired and are not dependent on the 12 weeks’ qualifying period.

These rights include:

  • Parking
  • Lockers
  • Staff canteen
  • Crèche/childcare
  • Provision of transport services
  • Subsidised gym membership
  • The right to be informed by the client of any relevant vacant posts with the hire, to give that agency worker the same opportunity as a comparable worker to find permanent employment with the client

This list is not exhaustive, however, it gives examples of those rights which are to be in place as soon as an agency worker is hired.

What is meant by ‘12-week qualifying period’?

  • The agency workers regulations will only apply following a 12-week qualifying period.
  • The qualifying period starts from the first day of the first assignment.
  • To complete the qualifying period the agency worker must work in the same role with the same client for 12 continuous calendar weeks, during one or more assignments.

Week 12 Rights: What ‘equal treatment’ is a temporary worker entitled to after the 12-week qualifying period, under the agency workers regulation?

After the 12-week qualifying period, a temporary worker will be entitled to the same:

  • Pay (fees/bonuses/commission/holiday pay/unsociable hours premiums/overtime)
  • Duration of working time
  • Night work
  • Rest periods

Rest breaks and annual leave as permanent employees.

If you would like more information on the Agency Workers Regulations legislation, please visit the Gov.uk website.

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