Agency Worker Regulations FAQ

1. Who Gets Equal Treatment?
Agency Worker Regulations gives agency workers the right to equal treatment as a comparable permanent employee, (“comparator”), of the hirer.

2. Who Does It Apply To?
Umbrella companies, PAYEs and potentially Limited Company Contractors are all caught under AWR.

3. What Does AWR Say About Worker Rights?
Workers get certain rights from day one and further rights after twelve weeks.

4. What Are The Day One Rights?
Access to “collective facilities” – e.g. canteen, creche, transport, internal vacancies.

5. What Are The 12 Week Rights?
Pay and annual leave equal to the comparator of the hirer.

6. What Is Included As Pay Under AWR?
Bonuses (excluding loyalty and company profit bonus), commission, holiday pay.

7. What Is NOT Included As Pay Under AWR?
Occupational benefits (e.g. company sick pay, pensions, financial participation schemes).

8. What About Package Comparisons?
“Whole package” comparisons cannot be used e.g. despite a higher pay rate, cannot give less holiday, or no bonus.

9. How Is The 12 Week Period Defined?
12 weeks means continuous calendar weeks, in same/similar role even if working only one day each week. A 6 week break leads to the 12 week qualifying period commencing again.

10. What About Tribunals?
Tribunals will be on the look-out for avoidance measures.

 

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