Agency workers regulations (AWR)
The Agency Worker Regulations 2010 (AWR) became law in the UK on 1st October 2011. Whilst the various rules surrounding AWR are complex the overall aim is simple; to ensure that you as a temporary agency worker are treated equally in terms of basic working and employment conditions.
The regulations refer to three separate parties, you as the agency worker, us as the temporary work agency and our clients as the hirers.
The hirer is the end user who requests agency workers through us, the employment agency. The hirer can be an individual person, company, partnership, sole trader or public body and is responsible for supervising and directing you while you perform your shift.
Under the regulations you will have the right to the same basic working and employment conditions as comparable employees in the hirers that we place you. Comparable employees are staff or employees who are employed directly by the hirer and who are doing the same or broadly similar work to you as an agency worker.
From the day you start work you have a worker’s employment rights
You also have the same rights as your permanent colleagues to use any shared facilities and services provided by your employer, for example:
- canteen (but not free or subsidised meals)
- childcare facilities
- transport services
- toilets/shower facilities
- staff room
- mother and baby room
- car parking
- food and drinks machines
Rights after 12 weeks
After 12 weeks in the job you qualify for the same rights as someone employed directly. This is known as ‘equal treatment’.
Your rights include:
- equal pay
- the duration of working time
- night work
- rest periods
- rest breaks
- annual leave
- automatic pension enrolment
AWR is not applicable to Agency Workers that are self-employed, however day 1 rights still apply.