Rullion Recruitment
Squire, Sanders and • Rehan Pasha
• Senior Associate
Dempsey
Eversheds
• Richard Sheldon
• Associate – HR Practice Group
Paystream
• Julian Ball
• Legal Director
Brabners, Chaffe
and Street
• Simon Bloch
• Associate
Rullion Engineering • Philip Higgins
• Managing Director
Personnel
Temporary
Work
Agency
AWR
Agency
Worker
Hirer
Managing Agent
Hirer
Recruitment
Business
Master Vendor
Temporary
Work Agency
Managed
Service Provider
Intermediary
Agency
Worker
Umbrella
Company
Neutral Vendor
Genuinely
Self
Employed
Seconded
Personnel
Managed
Contracts
Outside
of AWR
Workers
Seeking
Perm Roles
Hirer’s
Direct
Temps
Access to
Facilities
•
•
•
•
Canteen
Transport
Car Parking
Child-care facilities
Access to
Vacancies
• Vacancy notification
Equal pay (comparable employee)
Duration of working time
Night work
Rest periods and breaks
Annual leave (Agency workers already entitled to 28 days)
Paid time off for ante-natal appointments
Occupational
Benefits
Other Benefits
Sick Pay
Expenses
Pensions
Notice Pay
Qualifying
Period
Schemes
Overtime
Bonuses
Discretionary and NonContractual (not
Maternity, Paternity
or Adoption
Pay Advances/Loans
performance related)
Redundancy Pay
Trade Union Duties
Pay
Any Other Payments
Pay
Basic pay
Benefits
Vouchers or stamps of a
monetary value
Overtime pay
Holiday pay
Bonus/Incentives linked to
personal performance
Paid time off for antenatal appointments
Agency Worker
Intermediary
Managing Agent
Master Vendor
Hirer
Managed Service
Provider
Neutral Vendor
Recruitment
Business
Temporary
Work Agency
Umbrella
Company
Pay
Overtime
Payments
& Rules
Vouchers
Annual
Leave
Shift
Payments
Bonus
Extra
Payments
Status of Worker – e.g.
PAYE, Umbrella, LCC
Average length of
assignment
Gaps in assignment
Performance related
bonus payments
Benefit discrepancies
Pay discrepancies
Pay scales, collective
agreements, national
agreements
Union presence
Enable
agency/customer
to consider model to be
deployed
Clarify understanding of
extent of AWR and risk
to establish the cost of
compliance
to establish process for
information sharing
to define contract
changes
Establish
agency workers
in scope
Design and
implement
guidance notes
for hiring
managers
Robust process
for dealing with
complaints
about equal
treatment
Identification of
comparable
employee
Educate hiring
managers
Implement Day
1 rights
Implement
Obtain
information
from customers
(Pay, benefits,
holidays etc.)
Modify
recruitment
process
(exchanging
information)
Work in
partnership to
ensure
compliance
Ensure we stay
out of
Employment
Tribunals
Genuine
Employment
Contracts
Non working
periods
Out of scope
for equal pay
only
Paid between
assignments
Contract
entered prior
to assignment
start
Non-working periods
 Reasonable steps to seek suitable work
 If available, offer that work
 Pay worker a minimum amount between
assignments
 4 calendar weeks


50% of highest rate paid to worker in preceding 12
weeks but not less than NMW
Average number of hours worked in preceding 12
weeks period
Focus on the higher
risk areas (generally
low paid arena)
Case law will take
a number of years
to establish
Seek legal advice
where applicable
Be proactive
“One size does not
fit all”
Avoid dictatorial
approach to LCC
Do not assume it is
somebody else’s
responsibility/liability
Guidance notes now
published
Apply best practice
Work with supply
chain to ensure
compliance
Assess impact over
next three months