Agency Workers Regulations
The Agency Workers Regulations 2010 (AWR) came into effect in the UK to provide equal treatment for agency workers. This means that after working for a client for a certain amount of time, an agency worker should receive the same basic working and employment conditions as if they were directly employed by that client.
Key points of the AWR include:
- Equal Pay and Conditions: After 12 continuous weeks in the same job with the same client, agency workers are entitled to the same basic terms and conditions as permanent employees in areas such as pay, working hours, and overtime.
- Access to Facilities: Agency workers must have access to the same facilities as permanent employees (e.g., canteen, childcare, transport).
- Duration of Employment: The 12-week period is important. After 12 weeks, the worker is entitled to equal treatment, unless there is a break in the assignment or other specific conditions.
- For More Information: Your rights as an agency worker: When you’re an agency worker – GOV.UK
Example of AWR Scenario in Practice:
Agency Worker: Emma
- Emma has been working through an agency for a company as a customer service representative. She has been assigned to the same client for 11 weeks.
Employer’s Obligation (before 12 weeks):
- During the first 11 weeks, Emma is entitled to certain basic rights (e.g., rest breaks, working hours, health and safety) but may not yet have the right to equal pay or other benefits that permanent employees at the company enjoy.
After 12 Weeks:
- On the 12th week, Emma becomes entitled to the same pay rate and benefits as a permanent employee who is doing the same job. If the permanent employees receive health insurance, overtime pay, or additional perks, Emma would now be entitled to those as well
Example Rights After 12 Weeks:
- Pay: Emma receives the same hourly wage as permanent employees for the same work.
- Overtime: Emma is entitled to the same overtime pay, including the same rules for overtime (e.g., paid at a higher rate after 40 hours).
- Holiday Leave: Emma is entitled to the same holiday leave as permanent employees.
- Access to Facilities: Emma is allowed to use the staff canteen, transport services, and any other amenities available to permanent employees.
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