Agency Workers Regulations October 2011

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Agency Workers Regulations
October 2011
Agency Workers Regulations 2010
Briefing Agenda
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Purpose of the Briefing
Introduction to AWR Oct 2011
Risks, Interventions & Practice
Support/ Further guidance
Questions & Answers
Agency Workers Regulations
Briefing Purpose
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Interactive session to update on the implications of AWR
Identify any issues
Knowledge transfer & discussion
Consistent Approach
Feedback Process
Questions & Answers – answer now or take away
Agency Workers Regulations
October 2011
The Regulations
• Came into force 1 October 2011
• Provides agency workers with two types of rights - Ancillary
Rights and basic working & employment conditions
• Ancillary rights – Apply from day 1
• Basic working and employment conditions – ensure equal
treatment Pay, Working Time & Annual Leave after 12 weeks in
the same role
• The 12 weeks is not retrospective so the first time it would apply
is therefore 23 December 2011.
What is an agency worker?
• ‘An Agency Worker is an individual who is supplied by a
temporary work agency to work temporarily under the
supervision & direction of a hirer; and who has a contract of
employment or any other type of contract under which they
provide their services personally for the agency’’
– There should exist a contract to perform work personally
between the individual and the agency
– Individual is temporarily supplied to us via the agency
– Is subject to the supervision and direction of that hirer
• AND
– Is not in business on their own account
Who is not covered by the definition?
• Unitemps supplying staff to us directly *
• Self employed & individuals with own Ltd
Company
• Individuals recruited directly to work for us via
an agency
• Individuals on managed service contracts
* Please note Unitemps supplying staff directly to the
University are now covered following an amendment to
BIS guidance.
Ancillary Rights
What are ancillary rights?
• Facilities
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canteen
transport
parking,
child care – under the same terms as perm staff
• Equal Access to job vacancies
– Issue but must ensure access for non-pc based agency workers
Induction must be undertaken
Basic employment terms and working
conditions
Equal Treatment in:
Pay
Working Time
• Basic Pay & any other
contractual pay elements
linked to work after 12 weeks
continuous service
• Excludes occupational
pension & sick pay, bonus
for long term performance,
contractual notice,
contractual redundancy &
benefits in kind e.g. car
• Same working hours, rest
breaks & break provisions,
shift patterns etc
Annual Leave
• Statutory minimum holiday
entitlement from day 1,
contractual holiday
entitlement from end of 12
wks
Effect on 12 week qualifying period
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Agency worker begins a new assignment with
a new hirer
Agency worker remains with the same hirer
but is no longer in the same role (substantively
different role)
Break between assignments of more than 6
weeks (which is not one which ‘pauses’ the
clock or during which it continues to tick)
Any reason where the break is less than 6
weeks.
Sickness Absence
Annual Leave
Shutdowns
Jury Service
Industrial action
Pregnancy and maternity related absence
Statutory maternity, paternity or adoption leave
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Clock is set to zero
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Clock is reset to zero
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Clock resets to zero
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Pauses the clock
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Pauses the clock for up to 28 weeks
Pauses the clock
Pauses the clock
Pauses the clock for up to 28 weeks
Pauses the clock
Clock keeps ticking
Clock keeps ticking ( where the agency
workers has a contract of employment with
the agency – this is rare)
Liability
• Organisation needs to identify equal role & terms
• Organisation needs to provide relevant information to agency to
engage individual, day 1 and by end of 12 wk qualifying period
• Employment liability would then rest with the agency
• Breach of facilities provision such as breaks, working hours etc
is the organisation’s liabilities
Anti- Avoidance Provisions
• To prevent deliberate operational practice that would affect
rights under the regulations
– Deliberate rotation of staff between jobs
– Changes to job roles to prevent qualifying period from taking effect
– Appointment of new temp employee for same job
• True comparison of equal work
Management
• HRAs support Line Managers in determining like work and equal
terms
• Consider engaging individuals on framework terms from day 1
• Minimise new vendors & where we do need a new vendor, eg
specialist/niche requirement ensure they are fully informed of
correct terms of engagement
• Very short form which can be sent to the agency along with brief
term and conditions
• Adapting MDR2 form for new vendors to alert line managers to
AWR & to seek assistance
• New Induction for AW’s – first day ancillary rights, access to
employment opportunities, on line & hard copy doc
Support and Information Available
• Web pages updating colleagues on AWR and developments
• Q&A being continually updated
• Case studies of experience will be added where relevant
• HR Adviser
Questions &
Answers???
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