THE AWR – TOP TIPS FOR COMPLIANCE

The Agency Workers Regulations (AWR) will have significant implications for businesses in the UK. 

If you employ temporary workers, here’s how to prepare for the changes.

When the law changes

The new legislation came into effect on 1 October 2011. The AWR gives agency workers entitlement to the same basic working and employment conditions as a permanent member of staff working in ‘the same’ or ‘broadly similar’ capacity.

Day 1 – rights for all agency workers

Some employers may think that the AWR won’t affect them because they don’t employ temporary workers long enough for them to accrue 12 weeks of service, but there will be other rules that apply from a worker’s first day. For example, when beginning an assignment, a temporary worker will be entitled to equal access to collective facilities, such as childcare, transport services and/or a canteen.

After 12 weeks in the same job

Equal treatment entitlements relate to pay and other basic working conditions (annual leave, rest breaks, etc) and come into effect after an agency worker completes a 12 week qualifying period in the same job with the same hirer.

It is not retrospective and for those agency workers already on assignment, the 12 week qualifying period will start from 1 October 2011.

What this means for you

If you are an employer and hire temporary agency workers, you should provide your agency with up-to-date information on your terms and conditions so that they can ensure workers receive the correct equal treatment after 12 weeks in the same job. You are responsible for ensuring that all agency workers can access your facilities and are able to view information on your job vacancies from the first day of their assignment with you.

Calculating the 12-week qualifying period

The 12-week qualifying period is triggered by working in the same job with the same hirer for 12 calendar weeks. A calendar week in this context will comprise any period of seven days, starting with the first day of an assignment. Calendar weeks will be accrued regardless of how many hours the worker completes on a weekly basis.

For more information

• Although understanding the legislation may seem daunting, support and guidance is available: advice has been issued by the Department for Business, Innovation & Skills (BIS) and employers can always approach Top Gear directly for more information on the implications of the new rules.
• For more information, email james.mallick@topgearrecruitment.co.uk.

Article posted: 04-10-11