The Agency Workers Regulations (AWR) came into force in England, Scotland and Wales on the 1st October 2011 and gives agency workers the right to the same basic terms and conditions as if the hirer had employed you directly to do the same job.
To give you an understanding of what the AWR is and what they mean to you we have prepared a fact sheet.
The AWR came into force in England, Scotland and Wales on the 1st October 2011 and will give agency workers, such as yourself, the right to the same basic terms and conditions as if the hirer i.e. our Client, had employed you directly to do the same job. There are two specific sets of entitlements that the AWR will give you: Day 1 Rights, (which applies from the first day of your assignment) and Week 12 Rights (after accumulating 12 Qualifying Weeks on your assignment).
It is important for you to remember that the AWR does not alter your employment status in any way, you remain an agency worker engaged by Chadwick Nott under the current terms. However, please be aware that it is unlikely that you will be covered by the AWR legislation if you are genuinely self-employed or working in a professional capacity.
As suggested in the name, Day 1 Rights will affect all agency workers from the first day of their assignment. Whereas before you may have had restricted access to on-site facilities enjoyed by permanent staff of the Client such as the canteen, car parking, childcare facilities, or staff common room, the AWR ensures that you will have no less favourable access than your comparable employees of the Client.
As part of your Day 1 Rights, you are also entitled to be notified of any relevant opportunities for employment with the Client, however, it is still the Client’s decision as to who they employ.
The AWR only gives you the same rights of access as those employed directly; it doesn’t enhance your rights any further, therefore you cannot be barred from using the canteen, (as long as the facilities are on the Client’s premises), but if the Client provides subsidised meals to their permanent employees, the subsidy will not necessarily extend to you. Similarly, if there is a waiting list for access to facilities such as a car park, the AWR will allow you to join the waiting list, it does not give you automatic right to a car-parking space.
After the 1st October 2011 once you have accumulated 12 Qualifying Weeks working with the same hirer in the same job, you will be entitled to the same basic terms and conditions of employment as if you had been employed directly by the Client.
The Week 12 Rights ensure that you receive the same:
- Basic Pay
- Paid Annual Leave
- Rest Periods and Rest Breaks
- Overtime and Shift Premiums
- Bonuses (only if related to performance)
As comparable permanent employees, doing the same job, with the same skills and qualifications.
You acquire a Qualifying Week each time you do any work in the 7 day calendar week after the start of your assignment. This can be working a full week or only a few hours and it can be through more than one agency, so long as you are doing the same job for the same Client.
So that we can ensure that you receive your full rights it is essential that you inform your Chadwick Nott Consultant if you have worked for a Client through another recruitment agency so that we can track your Week 12 Rights. You are not legally required to give us this information, but if you do not, we will not be able to recognise when you have qualified and ensure you receive your full rights under the AWR.
You must be aware that you will lose any Qualifying Weeks:
- If you begin a new assignment with a new Client
- If there is a break in the assignment of over 6 weeks
- If you change your job role with the same Client
Breaks in your assignment will not necessarily prevent you from completing your 12 Week Qualifying Period, your qualifying clock will be paused where there is a:
- Break for any reason where the break is no more than six calendar weeks
- Break of up to 28 weeks because of sickness or injury
- Break of up to 28 weeks to perform jury service
- Planned shutdown of the workplace by the hirers or by a strike, lock out or any other industrial action at the hirer’s establishment
Upon your return to work, the clock will then continue as usual.
If the reason for the break is for family reasons, such as maternity or paternity leave, you may continue to accumulate Qualifying Weeks even though you are not on assignment.
Chadwick Nott works closely with our Clients to gather all the necessary information regarding pay and benefits of the comparable staff, to ensure you receive your full rights.
Therefore, when you have qualified, there is no need for you to do anything as we will apply any changes to your terms immediately and send you a written confirmation confirming any changes. In cases where the Client is already offering the same rate of pay-parity as part of your Day 1 Rights, after your 12th Week on assignment no further changes will be made.
If you have any more questions please contact your Consultant or for a fuller explanation click here.