Agency Workers Regulations

The Agency Workers Regulations (AWR) came into force in the UK on the 1st October 2011

"The Regulations stem from the EU Temporary Workers Directive 2008 which gives agency workers the right to the same pay and other working conditions enjoyed by a hirer’s own workers." REC, 2011

The key facts;

• The Regulations have 2 elements
  • Day 1 rights - for all agency workers:  from 1st October you must ensure that they can access your facilities (such as canteen, childcare facilities, etc) and can access information on your job vacancies from the first day of their assignment.
  • After 12 weeks in the same job: The equal treatment entitlements relating to pay and other basic working conditions (annual leave, rest breaks etc) come into effect. This is not retrospective and for those agency workers already on assignment, the 12 week qualifying period will start from 1 October 2011.
• The rights the agency worker can expect after the 12 week period is limited compared to the rights of permanent employees.
• Limited company contractors and the self employed are excluded however "the question of whether a limited company contractor is or is not covered by the Regulations will depend on whether or not the individual meets the definition of an agency worker." REC, 2011

Here at Arras People we have updated all our processes, procedures and commercial contracts to ensure that we are compliant with the new regulations. When working with clients we will ensure that any engagement is clearly positioned with regards to the legislation and all necessary procedures are implemented.

If you have any questions regarding the AWR and how it may impact your requirements for flexible staffing please get in contact with us.