What is AWR?
The Agency Worker Regulations (AWR) are designed to give temporary agency workers "equal treatment" - as if they were an equivalent permanent members of staff. In general, this means ensuring parity in pay, employment conditions and also access to training, permanent jobs and on site facilities. However only some of these rights are available from 'Day One' of an assignment, whilst entitlement to the other rights only occurs after a 'Qualifying Period' of 12 'qualifying' weeks.
What are Day One Rights?
These include access to collective facilities e.g.
- crèche and childcare facilities (if available on site)
- canteen facilities (if available on site)
- Information on job vacancies.
What are Week 12 Rights?
After 12 'qualifying' weeks in the same assignment with the same Client, the Agency Worker is then entitled to the same 'basic pay and working conditions' as directly employed workers. These might include:
- basic hourly/daily rate
- overtime and shift allowances, unsocial hours premiums, payments for difficult or dangerous duties and lunch vouchers
- bonuses which are directly attributable to the quality and quantity of work completed
- rest breaks and annual leave allowance
- paid time off for ante natal care
- right to suitable work if pregnant, or paid time off
- access to training
A new qualifying period will begin under the following circumstances:
- a new assignment with a new employer commences
- a new assignment with the same employer is substantively different
- there is a break of more than 6 weeks between assignments in the same role.
How do the Qualifying Weeks get calculated?
- The 12 'qualifying' weeks with a Client don't have to be continuous; the Regulations allow for breaks up to six weeks, sickness and maternity absence, annual leave and jury service. These different events either 'pause' or 'extend' the Qualifying period.
- Only if there has been a break (excluding sickness and maternity absence, annual leave and jury service) greater than these 6 weeks will the Qualifying Period be reset to zero.
- We automatically calculate your Qualifying Period with each client as you work for them, the qualifying period is based on each individual assignment and not a combination of multiple assignments even if the role is similar.
What happens when I reach my 12th week?
- When you are approaching your 12 week point in any of your assignments, we will contact the client to confirm if you need an increase in pay rate and to establish any new entitlements eg Holiday allowance.
- This will then be changed on DirectTemping and will automatically get updated for you.