New Agency Worker Regulation (AWR) comes into affect

Thursday, 13th October 2011

Crombie Wilkinson Solicitors are advising that the Government has introduced new Agency Worker Regulation (AWR) changing the way businesses introduce new staff on a short term basis.

The Agency Workers Directive came into force across the UK on October 1 2011and will provide agency workers with the right to receive equal treatment in comparison to permanent workers following 12 weeks working on an assignment.

Neil Largan from Crombie Wilkinson Solicitors said “Equal treatment applies to various terms and conditions including those related to pay, working hours, overtime, holidays and rest periods.  In addition, agency workers will also be entitled to ‘day 1 rights’ which include access to vacancies and to other facilities such as car parking and use of the staff canteen.

“Equal treatment however does not include provisions in respect of pension provision and occupational sick pay and the regulations will not change the employment status of temporary agency workers”.

According to the regulations, a break of more than six weeks between assignments will reset the qualifying period.

However breaks between assignments due to a number of specified reasons, such as illness, maternity or pre-determined closure periods (e.g. school closures during holidays) will not break the qualifying period.

If you would like to speak to us about employment law advice, please ring our York office to speak to Neil Largan or our Malton office to speak to John Broadbridge.


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