This fact sheet has been created to give you an understanding of what the Agency Workers Regulations 2011 (AWR) is and what they mean to you as an agency worker.
What do the Agency Workers Regulations 2011 do?
The AWR will come into force in England, Scotland and Wales on the 1st October 2011 and will give agency workers, such as yourself, the right to the same basic terms and conditions as if the hirer i.e. our client, had employed you directly to do the same job, with the same skills and qualifications. They do not alter your employment status in any way; you will remain an agency worker engaged by Celsian Education under your current terms.
Please be aware though, that it is unlikely that you will be covered by the AWR legislation if you are genuinely self-employed or working in a professional capacity.
There are two specific sets of entitlements that AWR gives you, from the first day of your assignment (Day 1 Rights) and after accumulating 12 Qualifying Weeks on assignment (12 week Rights).
What am I entitled to under the Day 1 Rights?
As suggested in the name, Day 1 Rights will affect all agency workers from the first day of the assignment. Whereas before, you may have had restricted access to the on-site facilities enjoyed by permanent staff of the client, such as the canteen, car parking, childcare facilities, or staff common room, the AWR ensures you will have no less favourable access than your comparable employees.
This means that you cannot be barred from using the canteen, if provided. However, the client may provide subsidised meals to their employees as a benefit of being an employee; the subsidy is not necessarily extended to you. Similarly, if there is a waiting list for access to facilities, such as the car park, AWR will allow you to join the waiting list; it does not give you automatic right to a car-parking space.
Remember, AWR only gives you the same rights of access as those employed directly; it doesn’t enhance your rights any further.
You are also entitled to be notified of any relevant opportunities for employment with the client when their own employees are told about them. This does not give you any preference when it comes to applying for jobs – it is still the client’s decision as to who they employ.
What am I entitled to under the Week 12 Rights?
After the 1st October 2011 and, you have accumulated 12 Qualifying weeks’ working with the same hirer in the same job, you will be entitled to the same basic terms and conditions of employment as if you had been employed directly by the client.
The Week 12 Rights ensure that you receive the same basic pay, paid annual leave, rest periods and rest breaks, overtime and shift premiums and bonuses (only if related to performance) as comparable employees, doing the same job, with the same skills and qualifications.
You acquire a Qualifying Week each time you do any work in the 7 day period after the start of your assignment. This can be a full week, or only a few hours, and it can be through more than one agency, so long as you are doing the same job for the same client.
So that we can ensure you receive your rights on time, it is essential that you tell us if you have worked in a similar role for the same client before when we offer you any assignment. You are not legally required to give us this information but, if you do not, we will not be able to recognise when you have qualified and ensure you receive your full rights.
However, you must be aware, that you will lose any Qualifying Weeks if you begin a new assignment with a new client, if you change your job role with the same client, or if there is a break in assignment over 6 weeks.
If you return to the same assignment after a shorter break, for example after 2 weeks’ holiday, or extended sick leave, you won’t lose your week and will continue to accumulate them as normal. If the reason for the break is for family reasons, such as maternity or paternity leave, you may continue to accumulate Qualifying Weeks even though you are not on assignment.
Who do I notify once I have qualified?
When you have qualified, there is no need for you to do anything, as we will apply any changes to your terms immediately and send you a written confirmation confirming any changes.
Celsian Education works closely with its clients to gather all the necessary information regarding pay and benefits of the comparable staff, to ensure you receive your full rights. In some cases, the client may already be offering the same rate of pay-parity as part of your Day 1 Rights; therefore, after you’re Week 12 Rights, no further changes will be made.
If you have any more questions, please contact your local branch on insert telephone number. For a fuller explanation, go to:
http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Agencyworkersandemploymentagencies/DG_198913