AWR

What is AWR?

The Agency Workers Regulations (AWR) is commencing from 1st October 2011 which will mean new regulations for Hirers engaging workers via a temporary staffing supplier.

The Regulations will give agency workers the right to the same basic working and employment conditions they receive if they were engaged directly by an end user client to do the same job. Below we have broken down the new legislation to help you understand who it will effect and how!

When will temporary staff qualify for equal treatment?

The AWR will only be effective to those temporary workers who have worked for 12 weeks or more from 1st October 2011, however ALL temporary workers will be entitled to Day One Rights which include access to on site facilities and access to information about vacancies as other workers.

How will the 12 week qualifying period work?

The agency worker will be entitled to equal treatment only once s/he has worked for 12 weeks in the same role at the same hirer, irrespective if this is full-time or part-time. It is however clear that the agency worker does not have to work for 12 consecutive weeks via the same agency to qualify for the right to equal treatment.

What does the equal treatment entitle the agency worker too after 12 weeks?

Agency workers will be entitled to the same basic working and employment conditions as a recruit directly from the hirer. The entitlements include, pay, shift allowances and guaranteed bonuses related to quantity and quality of work carried out.

What is not included under equal treatment?

Some elements which do not fall under equal pay include; benefits in kind, occupational sick pay, redundancy pay, notice pay, share and option schemes and expenses.

Who is liable for establishing equal treatment?

It is envisaged that most cases will be effectively dealt with via a recruitment agency’s grievance procedure. Where this fails, a pre-conciliation service will be available via Acas to minimise the number of claims that end up in an employment tribunal.

The agency will be liable for any breach of a right in relation to equal treatment for which they are responsible. However, they will have a defence if they have taken ‘reasonable steps’ to obtain the necessary information from the hirer. This will mean the hirer and the agency will need to work together closely to share appropriate information to ensure the agency worker is receiving equal treatment.

The new regulations will mean that the close relationship between business and agency becomes even more important.

What happens if the agency worker is paid more than a permanent member of staff?

Agency workers pay rates will NOT need to be lowered to match those of a permanent employee as long as you can show the reasonable steps on why the candidate was placed on this rate.