Reference: Unitemps, the University and the Agency Worker Regulations 2010
As an internal customer of the Unitemps service, I am writing to make you aware of a change in the
benefits temporary workers at the University may receive from 1st May 2012.
New government legislation, called the Agency Worker Regulations (AWR), came into force in the UK
last October 2011. The legislation seeks to provide equal treatment for temporary workers, working
via agencies, in the benefits they receive in comparison with permanent employees in equivalent
roles. AWR may affect the rates that you pay, up or down, and you may see changes in the hourly
rates you are cross-charged for your temporary workers.
Since before the regulations came into force Unitemps, the Human Resources department and the
University’s legal advisors have been reviewing what the legislation means for Unitemps workers.
Recent amendments to the Department for Business, Innovation and Skills (BIS) guidelines for AWR
mean we now understand they do apply for all temporary workers in the University. Therefore we
must now adapt our processes to comply with the AWR legislation. None of this will negatively affect
the service you receive from Unitemps.
The attached page, titled “What does AWR mean for manager’s hiring Unitemps?” will further
explain how the legislation may affect your temporary workers. However if you have any queries,
questions or issues I would actively encourage you to contact our internal team, managed by Kim
Martin, on telephone number 02476 528118 or email unitemps.internal@warwick.ac.uk who will be
pleased to help.
Yours sincerely,
Paul Brewster
Director of Unitemps
p.d.brewster@warwick.ac.uk
What does AWR mean for manager’s hiring Unitemps?
The legislation dictates that temporary workers will receive enhanced rights from day 1 and further
rights after 12 weeks in a range of benefit areas. For the purposes of this communication we will
concentrate on pay and holidays, generally the major areas of interest.
A complete list of areas can always be discussed with the Unitemps internal recruitment team on
02476 528118 or email unitemps.internal@warwick.ac.uk or visit us on the 1st floor of the Students
Union Building. Further HR guidance on AWR can be found on the intranet at
http://www2.warwick.ac.uk/services/humanresources/newpolicies/agencyworkersregulations
12 weeks service
The legislation enhances rights after a temporary worker has completed 12 weeks service. This
service must be continual. Breaks of up to 6 weeks pauses the 12 week clock. Breaks of 6 weeks and
over reset the clock to zero. Below are two examples to hopefully illustrate this more clearly;
Example 1 - a temporary worker submits 12 timesheets over a 15 week period because of a 3 week
break in work. Their post 12 week enhanced rights would be activated after 15 weeks.
Example 2 – a temporary worker completes 10 weeks service then has a break of 7 weeks. They
return, complete another 10 weeks work and then leave. At no point would enhanced post 12 week
rights be activated as the clock would be reset to zero after a break of 6 weeks.
Temporary workers are not permanent employees after 12 weeks.
Hourly pay
AWR may reduce significantly the amount you pay for a temp worker in the first 12 weeks of work.
After 12 weeks continual service the legislation states that temporary workers must be paid the
same rate as a permanent employee in an equivalent role. At the University we have paid our
temporary workers on the same grade as equivalent roles, from day 1, for some considerable time.
Therefore we will not need to increase hourly rates post 12 weeks. However we will be
implementing lower rates that fall under the University grading structure which, for particular
positions, you may want to consider utilising until week 12.
These lower rates may be used, for example, whilst a temporary worker is being trained in their first
12 weeks of service. For more information on how to take advantage of a potentially lower rate for
a new temporary assignment please discuss your needs with the Unitemps internal team on 528118.
Holiday pay
AWR may increase the amount you must pay temporary workers for holiday after 12 weeks.
The amount we pay temporary workers for holiday will remain the same for the first 12 weeks of
continual service. This is currently 20 holidays plus statutory days (a total of 29 in 2012) on a pro
rata basis, accrued for each hour a temporary workers completes.
After 12 weeks work the legislation states that temporary workers must receive equivalent holidays
to permanent staff. Therefore, on grades 1 to 5 holiday pay will increase to 26 holidays plus 4
customary days plus statutory days (a total of 39 in 2012). Holiday pay is charged and paid for every
hour a temporary worker completes. Therefore you may experience an increase in the total hourly
charge for a temporary worker post 12 weeks.