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New Agency Workers Regulations
On the 1st October 2011, the new Agency Workers Regulations (AWR) will come into practice within the UK giving agency workers the right to equal treatment in relation to permanent staff directly recruited by the hirer. These will affect both employers, agency workers and agencies. We believe however that employers should feel re-assured that these new regulations will not present an unmanageable obstacle to their continued use of agency temps both on a short and long-term basis. It is important however that both hirers and agency workers familiarise themselves with the details of the legislation to ensure they can continue to benefit from this flexible labour force and agency workers are aware of their rights. Together, in partnership with our clients and candidates, we believe that these new regulations can be implemented smoothly and effectively. Background The Regulations stem from the EU Temporary Workers Directive 2008, which gives agency workers the right to the same pay and other working conditions as permanent members of staff. It does not however alter the agency workers employment status. The agency worker will only be entitled to these rights after a 12-week qualifying period. There are however two exceptions - the “Day One Rights” - as per the below: Day One Rights The Day One Rights highlight what the agency worker will be immediately entitled to which is the responsibility of the hirer: - 1. Agency workers must have access to information about existing vacancies within your organisation. 2. Agency workers will be entitled to access collective on site facilities such as crèche and childcare facilities, canteen facilities, car parking and provision of transport services. These facilities can be refused however, if there should be a waiting list for childcare or car parking. Anything that is considered a perk for the permanent staff relating to length of service, the agency worker will not be entitled to. Rights at 12 Weeks Except for the Day One Rights, the temporary worker will be entitled to the same equal treatment as a permanent member of staff only after the qualifying 12-week period is completed with the same client. It is not retrospective and for those agency workers already on assignment, the 12 week qualifying period will start from 1st October 2011. A new qualifying period will only begin if the job significantly changes in duties, not just the job title, or if there is a break of more than six weeks between assignments in the same role. Rights at 12 weeks include: - 1. Pay, duration of working time, night work, rest periods/breaks and annual leave. “Pay” includes holiday pay, shift allowances, unsociable hours premia, overtime rates, vouchers with a fixed monetary value, stamps and bonuses directly related to quantity and quality of work. Agency Workers will not however be able to claim for redundancy, unfair dismissal or maternity leave. 2. Pregnant agency workers will be entitled to paid time off to attend medical appointments and antenatal classes once they have achieved the 12 weeks qualifying period. Potential Concerns for Hirers: Some hirers have concerns that the regulations mean that if an agency worker is paid more than their own employees they will have to either decrease their rate of pay to that of the employees or increase the employees rate of pay. Neither of these situations is true. The Regulations are there to provide for equal treatment for agency workers when their pay is lower and they do not enjoy the same level of working conditions as comparable employees or workers.
Agency Worker - Requests for information: The AWR outlines that Agency Workers are entitled to information in relation to ensuring that they receive equal treatment. Requests for details in connection to Day One Rights should be directed to the hirer as they have the responsibility for access to collective on-site facilities and vacancy information. The hirer will have 28 days to respond. Once the 12 week qualifying period is completed, if you would like information surrounding your pay, working conditions or pregnancy rights, please write to an AAA Director (see below), outlining the reasons for your request. We have a duty to respond to you within a 28 day period.
Further Guidance: The Department of Business, Innovation and Skills (BIS) has released detailed guidance on the AWR which can be found through the below link: Detailed information from the Recruitment and Employment Confederation (REC) for both Hirers and Agency Workers can be requested from your Support Team at AAA.
Your Support Team: We at AAA have structured procedures in place and trained staff in-house to answer any questions that you may have (01224 211211). If you have urgent or specific queries, we are more than happy to discuss things either by phone or directly in person. Amanda Porter: Director - 01224 259428 - amanda.porter@aaajobs.co.uk Catherine Brown: Associate Director - 01224 259416 - catherine.brown@aaajobs.co.uk
We look forward to continuing to work in partnership with both our candidates and clients through this legislative change.
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