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Agency Workers Regulations

The AWR will give the temp worker the right to equal treatment in terms of basic working and employment conditions of a permanent employee doing the same job, after the temp has worked in the same role for 12 calendar weeks for the same company, regardless of which agency has supplied the temporary worker. It is our responsibility to check if a temp has worked for another agency.

After 12 weeks working for the same company and the same role the temp will be entitled to the same basic working and employment conditions, which relate to:

  • Pay
  • Duration of working time
  • Night shifts
  • Rest periods
  • Rest breaks
  • Annual leave
  • Agency and/or agency worker cannot get out of AWR.

NB: A client cannot introduce a “Training Rate” for temps if they do not have a training rate for new direct/permanent recruits.

What does the 12 week qualifying period mean?

The temp will be entitled to equal treatment once he/she has worked for 12 weeks, the following are included in the 12 weeks calculation:

  • He/she may of only worked one day a week
  • Worked in the same or similar role for 12 weeks. (the role is only classed as a different role if the duties are considerably different)
  • It makes no difference if the temp has worked full or part time in any given week
  • The temp can be supplied by any number of agencies in the 12 week period
  • A temp can work for sister company’s and this will still count towards the 12 weeks
  • The temp does not have to work 12 continuous weeks, breaks are permitted (explained below)

Permitted breaks in 12 week qualifying period

  • If the temp takes a break from the booking for any reason for 6 weeks or less, then he/she returns to the same role, the weeks the temp have already worked will be counted towards the 12 week qualifying period.
    e.g. – Temp works for 8 weeks, takes two weeks holiday, returns to the same role, he will then enter into his 9th week of the count towards 12 weeks.
  • Sickness or injury, up to 28 weeks but must give evidence (doctors note)
  • Pregnancy, birth or maternity and the temp within a “protected period” (i.e from the beginning of pregnancy to 26 weeks from childbirth)
  • Statutory/contractual maternity, adoption or paternity leave.
  • Jury service
  • Industrial action
  • Summer/Christmas shutdown

Pay

Equal pay will include:

  • Basic Salary
  • Bonuses or commission payments in respect of quantity and quality of work carried out by the temp.
  • Shift allowance
  • Overtime payments
  • Holiday pay
  • Vouchers (if have monetary value e.g. luncheon vouchers)

Equal pay does NOT include:

  • Childcare vouchers
  • Pension
  • Sick pay
  • Redundancy pay
  • Notice pay
  • Advances and loans
  • Share schemes
  • Maternity, paternity and adoption pay
  • Loyalty/long service bonuses
  • Expenses
  • Health/life insurance (If pay is based on appraisals)

Holiday entitlement

Temps are entitled to the standard statutory leave of 28 days (includes B/H’s). Temps who qualify will be entitled to any additional holiday entitlements that the company gives their permanent employees.

Pregnant agency workers

Pregnant temps who qualify will be entitled to the following:

  • Paid of time to attend antenatal appointments/classes, they much show an appointment card/letter (not required for the first appointment)
    Pay is calculated by dividing a week’s pay by the averages number of hours worked in a week
  • If a booking is ended on the grounds of health and safety which arise because she is pregnant, breast feeding or has recently given birth, we will be required to find her another suitable booking, if a suitable booking is not found we will be liable to pay her until the end of the original booking. We will not have to pay if she turns down the new booking, (be careful as the new offer will have to be in a similar location and very near the original hourly rate)
  • If she has a week off work for pregnancy related sickness this week will still count towards her 12 week qualifying period.

Collective facilities

From day 1, if facilities opened to permanent staff, it must be offered to temp workers. Such as;

  • Child Care Facilities
  • Restrooms
  • Transport
  • Car Parking
  • Information on jobs.
  • Canteen

They will NOT have the right to claim unfair dismissal, redundancy or maternity leave.

 

 

The Agency Workers Regulations (AWR) will give the temp worker the right to equal treatment in terms of basic working and employment conditions of a permanent employee doing the same job.

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