The Agency Worker Regulations 2010 (AWR) became law in the UK on 1st October 2011. This is an important new piece of legislation and we advise that all temporary agency workers spend some time and get to grips with the new regulations. 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.
So what exactly does equal treatment mean for you as an agency worker? Whilst the regulations have no impact on your legal employment status as a temporary agency worker, you will be entitled to equal treatment in terms of:
- Basic rates of pay
- Overtime or anti-social uplifts (evenings, Saturdays, Sundays, bank holidays, etc.)
- Bonus and incentive schemes
- Holiday pay
The regulations have no effect on certain benefits that only apply to permanent employees. As a temporary agency worker you will not be entitled to certain benefits including:
- Sick pay
- Maternity/paternity leave
- Redundancy