Learning & Development People Analytics Regulations due to come into force in October give agency workers rights that are similar to permanent employees. These include: loans; expenses; company pension schemes; occupational sick pay; health and life insurance or assurance; share option schemes; and family-leave-related pay above the statutory minimum. Hirers are not required to take out employers’ liability insurance in respect of agency workers as they do not employ them. The agency worker should give as much notice as possible and can be asked to provide evidence of an appointment. Temporary workers who aren’t covered by the AWR include: When the AWR are in force, a worker who falls within their scope will be entitled to equal treatment on the same basis as if he or she had been hired directly by an employer. 7. Employee Relations “If an agency worker worked on an assignment for 10 weeks, then had four weeks where he was not working for the end-user and then returned to the same job, he would be entitled to equal treatment two weeks into the second assignment.”. HR (General) OH&W subscriptions Agency workers to enjoy rights after 12 weeks Agency staff will enjoy the same employment rights as permanent staff under new proposals agreed on Tuesday 20th May 2008 between the Government and Unions. John Charlton summarises the main areas to consider. Can this be correct ? The pregnant agency worker does not receive any additional rights under the Regulations beyond those that they are already entitled to, nor do they have a right to return to work after maternity leave.”, According to Delaney, the agency worker can bring claims against the agency and or hirer for failure to pay him or her on the same basis as an employee engaged directly by the hirer, and or breach of contract. It does not matter whether he or she has completed the 12 weeks in a single assignment or in a number of assignments, and whether it is through the same agency or different agencies. What areas are covered by equal treatment under the AWR? An agency worker whose partner is pregnant is entitled to unpaid time off to attend antenatal appointments. The liability to pay holiday pay in practice will probably rest with the agency, recovering it as part of their fees from the hirer. Where does liability lie when it comes to having appropriate and sufficient indemnity insurance and … Personnel Today has launched a new email newsletter for 2020, focusing on all aspects of diversity and inclusion. Terms and conditions, • Employee Benefits Nick Siddall, barrister, Kings Chambers, says: “Businesses that have traditionally relied on employing large numbers of temporary staff should urgently review contracts and business processes relating to agency workers. Legislation will be introduced this autumn, depending on a similar EU directive being passed before then. those working under the supervision and direction of the supplier rather than the hirer; workers who are hired via their own personal service company if they are self-employed; and. Contact us RSS feeds But what wriggle room is there for employers that wish to avoid falling foul of the AWR? For the contract to be effective, it must clearly state an end date to a particular assignment. The regulations exclude some benefits from the equal treatment requirements. After 12 weeks in the job you qualify for the same rights as someone employed directly. Employee Benefits Awards However, paternity pay is excluded from the AWR. Will agency workers be entitled to the same bonus arrangements as permanent staff? My partner works for a paisley agency ,and has since June 3rd 2014 been working via them for renfrew council ,according to the agency he apparently signed a contract ( that he never got a copy of) relinquishing him from the 12 week rule and any paid holidays ! 8. McQuade says: “After completing 12 weeks on an assignment, a pregnant agency worker will now be allowed time off to attend antenatal appointments and classes. Affected workers will also, from 1 October, be entitled to use collective facilities, such as canteens and childcare facilities, on the same basis as employees, although access to some, such as car parking, may be denied if there is a waiting list. Privacy policy Recruitment & Resourcing The key to this is the relationship between the employer and the worker. 5. Occupational Health What rights will agency workers have in relation to job vacancies at the hirer? An agency worker is entitled to ‘the same basic working and employment conditions’ as they would have received had they been recruited directly by the end-user to do the particular job.”. Agency workers entitled to equal treatment after 12 weeks After 12 weeks in the same job, agency workers are entitled to equal treatment as if they had been recruited directly by the hirer. If no alternative work can be found the agency is required to pay the worker for the expected duration of the original assignment. Christopher Fisher, partner, and Purvis Ghani, partner and associate at Mayer Brown International, believe employers could take “advantage of an exception in the AWR that provides that the equal treatment provisions on pay will not apply to an agency worker who has a permanent contract of employment with an agency and is paid between assignments”. © 2011 - 2020 DVV Media International Limited. XpertHR provides in-depth information on the Agency Workers Regulations 2010. If they can’t complete the duties of the assignment on health and safety grounds the agency will be required to identify alternative work paid at the same rate or higher than the original assignment for them. Advertising specifications HR Business Partner And do not think this applies only to bodies supplied by temp agencies. 10. Employee Benefits Live, • Occupational Health & Wellbeing 6. David Brown, associate at Simpson Millar, says it is the relationship between workers covered by the AWR that is key to any claim for unfair dismissal. This can be by ensuring that a particular agency worker is not obliged to provide personal service or to accept work if it is offered, and is not integrated into the end-user’s organisation to the same extent as its employees.”, It is the relationship between workers covered by the AWR that is key to any claim for unfair dismissal.”. Agency Workers Regulations (AWR) come into force. If you are a ‘temp’ agency worker: After you have worked in the same job for 12 weeks, you will qualify for equal treatment in respect of pay and basic working conditions. HR Consultant HR Shared Services Many directors probably think that there are already more workers’ rights than you can shake a stick at, but more people will have them come October when the Agency Workers Regulations (AWR) come into force. HR Systems If the agency worker works 12 weeks with the same hirer, after the 12 weeks his or her holiday pay should be calculated on the same basis as a permanent employee doing the same job engaged directly by the hirer. Wellbeing Welham says: “The concept of ‘pay’ includes bonuses, so agency workers who have completed the qualifying period may be entitled to bonuses. Health & Safety It’s important to note that the AWR do not give agency workers employee status although there will be comparator issues should there be the risk of a discrimination claim. Training Performance & Engagement Where does liability lie when it comes to having appropriate and sufficient indemnity insurance and similar? “Employment agencies and businesses that use agency workers,” says Brown, “often seek to avoid entering into a formal employment relationship with them through written terms in the agreements between the parties and in the working arrangements in practice. The following 10 questions cover key areas that relate to the Agency Workers Regulations and employers: 1. Compensation & Benefits 4. If there is some argument over what is meant by equal treatment, agency workers will be able to compare their rights to those of directly employed workers doing similar, although not necessarily the same, type of work. Basically these apply when an agency worker is employed – probably by an agency – and can show that he or she was dismissed for reasons connected to the AWR.