Are you AWR-ready?

Q: What is the AGENCY WORKERS’ REGULATIONS (AWR)?

A: The AWR is a UK legislation geared at offering agency workers precisely the same essential working and employment circumstances as a regular permanent employee following a set qualifying time period of 12 weeks or 3 months. The provisions of the AWR take effect in the UK on October 2011.

Here’s what you ought to know about the AWR from the Department for Business Innovation & Skills’ AGENCY WORKERS REGULATIONS GUIDANCE (as of May 2011):

- The regulation comes into force on 1 October 2011, offering agency workers the right to the same standard employment and working conditions just as if they had been hired directly, if and when they accomplish a qualifying time period of twelve weeks in the similar job.

- It isn't retrospective and for those agency workers already on assignment, the 12 week qualifying period will start from 1 October 2011.

- From 1 October 2011, agency workers will also be permitted to access amenities and information on job vacancies from Day one of their assignment.

Q: How will the AWR affect me?

A: From the same AWR document, pay attention to the new entitlements and accountabilities discussed below.

- Day 1 rights for all agency workers: If you employ the service of agency workers, you will need to ensure that they can access your amenities (such as canteen, childcare facilities, etc.) and can gain access to data on your job opportunities from the 1st day of their assignment.

- After 12 weeks from the same job: The same treatment entitlements include pay along with other basic working situations (annual leave, rest breaks, etc.) and come into effect soon after an agency worker finishes a twelve week qualifying time period in the same job with the same hirer. After completing the qualifying time period, pregnant agency workers will now be allowed to take paid time off work pertaining to ante-natal consultations throughout an assignment.

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

Q: What am I obligated legally to do?

A: Here are tasks you need to accomplish for AWR compliance.

- If you're a hirer of agency workers: If you are an employer and hire temporary agency workers through a temporary work agency, you must supply your agency with up to date facts about your terms and conditions to enable them to make certain that an agency worker gets the right equal treatment, as if they had been employed directly, after 12 weeks in the similar job. You are responsible for making sure that all agency workers can access your amenities and are capable to view information on your job openings from the first day of their assignment with you.

- If you are a ‘temp’ or agency worker: From 1 October 2011, once you've worked in the similar job for 12 weeks, you'll be entitled to equal treatment in respect of pay and basic working conditions. You can collect these weeks even though you only work a few hours a week. Your temporary work agency will probably request details of your work history to assist establish when you are entitled to equal treatment (separate guidance can be obtained for agency workers on direct.gov website)

- If you are a temporary work agency: If you are involved in the supply of temporary agency workers, you have to ask the hirer for details about pay and basic working conditions (when it is clear that the agency worker will be in the same job with the same hirer for more than twelve weeks) so that they are treated as if they had already been directly recruited to the job.

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