The purpose of the soon-to-be implemented Agency Workers Regulations (AWR) is to ensure that people who work through staffing agencies have the same rights as those who are directly employed by a company. The regulations are based on the EU Agency Workers Directive and will come into effect in October 2011.
With AWR, an agency worker has some rights from the first day at work:
- Access to shared facilities (canteen; child care; transport etc.)
- Access to internal/external vacancies
- Paid time off for antenatal care
- Rights when pregnant to either suitable work or paid time off
There is a qualification period of 12 weeks after which agency workers will gain more rights:
- Comparable basic working and employment conditions as an equivalent permanent employee
- Pay – wages; individual bonus; commission; holiday pay
- Working hours / Night work
- Rest periods / Break periods
The comparison to directly-employed workers can be based on pay scales and other agreements. It does not include:
- Occupational benefits (contractual maternity/sick pay above SSP etc.)
- Pensions / financial participation schemes
- Expenses
AWR claims will usually be brought by an individual through an employment tribunal against any or all of the following:
- The ultimate employer
- Intermediaries
- Recruitment consultancies
- Umbrella companies
With the implementation of AWR, the UK staffing industry will see unprecedented innovation and transformation. Temp agencies and recruitment consultancies will have to work a lot more closely with employers from October. Umbrella companies will take on a more strategic role by partnering with both agencies and employers to bridge any gaps and ensure full compliance while offering protection to temporary workers.
