New AWR Legislation

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The Agency Workers Directive is a piece of EU legislation that will be implemented in the UK by October 2011. The aim of the AWR is to protect vulnerable workers from exploitation and ensure them the same basic employment conditions as their permanent equivalents after 12 weeks of service – mainly the right to the same pay, working hours and holidays

The 12 Week “qualifying period”

  • An agency worker is not entitled to equal treatment until he or she has completed the 12 week qualifying period
  • An agency worker must work in the same role with the same hirer for 12 calendar weeks- (these do not have to be full weeks and 1 day per week will count)
  • If there is a break of 6 weeks or more, the clock starts again.
  • Sick leave does not “break” the clock unless it is for 28 weeks or more

When referring to conditions, the AWR is referring to:

  • Pay
  • Holidays
  • Hours of work
  • Night work
  • Rest periods and breaks
  • The right to hear about vacant posts within the business
  • The right to use collective facilities such as the a canteen, childcare facilities or transport services

What’s excluded from the AWR?
The main employment conditions that are excluded from the AWR legislation are:

  • Occupational sick pay
  • Pensions
  • Parental leave
  • Redundancy payments
  • Share schemes
  • Long service award schemes

For more information on the AWR please call us on 01252 734848