Agency Workers Regulations (AWR) 2010
effective 1 October 2011
HR User Group
21 July 2011
Helge Halvorson
Helen Brown
Who does it apply to?
• The AWR cover agency workers supplied by a temporary
work agency to a hirer, commonly referred to as temps.
• The genuinely self-employed, those working through their
own limited liability company, and those working on
managed service contracts are excluded
Day 1 Entitlements
• Same access to canteen and other facilities, childcare and
transport services as a comparable UCL employee
• The right to be informed about job vacancies (access to
vacancies on the web is sufficient).
• These rights do not apply where posts are ringfenced for
assimilation or redeployment or if named researchers on a
grant
Week 12 Entitlements
• Same basic working and employment conditions as if
he/she had been directly employed by UCL on day one of
the assignment.
• Relevant terms and conditions include pay, working time,
night work, rest periods, rest breaks and annual leave.
• A right to paid time off for ante-natal appointments and
ante natal classes.
• Consolidation of other health and safety duties in relation
to pregnant women and new mothers.
What is covered by pay?
• Includes: bonuses, holiday pay, overtime or other relevant
emolument.
• Excludes: occupational sick pay, pension on retirement,
compensation for loss of office (including redundancy),
maternity, paternity or adoption pay, long service or other
loyalty incentives, longer term performance related pay,
payment for Time off for TU duties, loans or advances.
Annual leave
• Only statutory annual leave (currently 28 days) must be
taken as leave.
• Entitlements to additional occupational leave will be rolled
up as part of pay.
How do you calculate the 12 weeks qualifying
period?
• The basic qualification is 12 weeks in the same job with
the same hirer (not necessarily from the same agency).
• Hours in a week could be as low as one.
• New work needs to be 'substantively different' to previous
work undertaken with the same hirer.
• Similar administrative work in a different department on a
different site would not necessarily be substantively
different. There are variable factors to take into account in
establishing whether the work is genuinely different.
How do you calculate the 12 weeks qualifying
period? (2)
• There are complicated rules about when the clock pauses
and can be continued and when the clock is reset to zero
in counting the 12 weeks.
• Factors which can pause or continue the clock include
length between assignments, sick leave, annual leave,
maternity leave, jury leave, closure leave and industrial
action.
• There are also specific anti avoidance provisions built into
the Regulations, e.g. rotations between a series of 11
week assignments in different roles with the same Hirer
Right to Receive information
• Agency workers may submit a written request for
information where they believe their rights have been
infringed under the AWR. This request must be responded
to within 28 days.
• If the response is not received or the agency worker finds
it unsatisfactory they can bring a claim to the Employment
Tribunal
Requests for Information
•
•
•
•
Encourage dialogue through the agency, first
Where managers able to respond quickly, to do so
Refer complex question to HR Policy and Planning team
Entitlements ‘Comparator’ document produced
Remedies at an Employment Tribunal
• In the event of a breach of the AWD regulations, agency
workers will be able to claim less favourable treatment and
that they have been subjected to a detriment for asserting
their rights under the regulations. If upheld, remedies
include an order of unlimited compensation
– Breaches of basic rights to terms and conditions, not less than two
week’s pay
– Up to £5000 if anti avoidance rules have been breached
– Compensation for injury to feelings (unspecified)
Tendering Exercise
• Current Suppliers
4 agencies on preferred suppliers list (PSL)
91 agencies on interim suppliers list
• Tender Exercise
Clinical / Medical
Information Technology
Technicians
Management & Administration
Library Staff
Nursery Staff
Manual, Craft & Security
Senior Staff
Only the agencies on the PSL will be set up as suppliers
on FiS
Support
• HR are developing guidance on booking agency workers,
which informs managers of the
– rights afforded to agency workers
– their responsibilities as managers
– information on processes to follow