Guidance on the Agency Workers Regulations

The Department for Business, Innovation and Skills has published guidance for employers and those in the recruitment sector on the Agency Workers Regulations 2010 (AWR), which come into force on 1 October 2011.

The AWR will give agency workers the right to the same basic terms and conditions of employment as if they had been recruited directly by the hirer, once they have completed a qualifying period of 12 calendar weeks in a particular jobs, but will not fundamentally affect employment status or how agency staff are placed and managed.

The 50-page guidance covers:

  • the scope of the AWR;
  • qualifying for equal treatment;
  • how to identify basic working and employment conditions and the relevance of a ‘comparator’;
  • pay;
  • working time and holiday entitlement;
  • pregnant workers and new mothers;
  • pay between assignments;
  • information, liability and remedies;
  • information a Temporary Work Agency (TWA) must have before supplying an agency worker; and
  • compliance information required by a TWA from a hirer.

Employers are advised to consider how the AWR will affect them and have procedures in place by 1 October to ensure compliance. For individual advice, contact us.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

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