Agency Workers Regulations (AWR) 2010effective 1 October 2011

HR User Group 21 July 2011

Helge Halvorson

Helen Brown

Who does it apply to?

• The AWR cover agency workers supplied by a temporary work agency to a hirer, commonly referred to as temps.

• The genuinely self-employed, those working through their own limited liability company, and those working on managed service contracts are excluded

Day 1 Entitlements

• Same access to canteen and other facilities, childcare and transport services as a comparable UCL employee

• The right to be informed about job vacancies (access to vacancies on the web is sufficient).

• These rights do not apply where posts are ringfenced for assimilation or redeployment or if named researchers on a grant

Week 12 Entitlements

• Same basic working and employment conditions as if he/she had been directly employed by UCL on day one of the assignment.

• Relevant terms and conditions include pay, working time, night work, rest periods, rest breaks and annual leave.

• A right to paid time off for ante-natal appointments and ante natal classes.

• Consolidation of other health and safety duties in relation to pregnant women and new mothers.

What is covered by pay?

• Includes: bonuses, holiday pay, overtime or other relevant emolument.

• Excludes: occupational sick pay, pension on retirement, compensation for loss of office (including redundancy), maternity, paternity or adoption pay, long service or other loyalty incentives, longer term performance related pay, payment for Time off for TU duties, loans or advances.

Annual leave

• Only statutory annual leave (currently 28 days) must be taken as leave.

• Entitlements to additional occupational leave will be rolled up as part of pay.

How do you calculate the 12 weeks qualifying period?

• The basic qualification is 12 weeks in the same job with the same hirer (not necessarily from the same agency).

• Hours in a week could be as low as one. • New work needs to be 'substantively different' to previous

work undertaken with the same hirer. • Similar administrative work in a different department on a

different site would not necessarily be substantively different. There are variable factors to take into account in establishing whether the work is genuinely different.  

How do you calculate the 12 weeks qualifying period? (2)

• There are complicated rules about when the clock pauses and can be continued and when the clock is reset to zero in counting the 12 weeks.

• Factors which can pause or continue the clock include length between assignments, sick leave, annual leave, maternity leave, jury leave, closure leave and industrial action.

• There are also specific anti avoidance provisions built into the Regulations, e.g. rotations between a series of 11 week assignments in different roles with the same Hirer

Right to Receive information

• Agency workers may submit a written request for information where they believe their rights have been infringed under the AWR. This request must be responded to within 28 days.

• If the response is not received or the agency worker finds it unsatisfactory they can bring a claim to the Employment Tribunal

Requests for Information

• Encourage dialogue through the agency, first• Where managers able to respond quickly, to do so• Refer complex question to HR Policy and Planning team• Entitlements ‘Comparator’ document produced

Remedies at an Employment Tribunal

• In the event of a breach of the AWD regulations, agency workers will be able to claim less favourable treatment and that they have been subjected to a detriment for asserting their rights under the regulations. If upheld, remedies include an order of unlimited compensation– Breaches of basic rights to terms and conditions, not less than two

week’s pay – Up to £5000 if anti avoidance rules have been breached– Compensation for injury to feelings (unspecified)

Tendering Exercise

• Current Suppliers 4 agencies on preferred suppliers list (PSL)91 agencies on interim suppliers list

• Tender ExerciseClinical / Medical Library StaffInformation Technology Nursery StaffTechnicians Manual, Craft & SecurityManagement & Administration Senior Staff

Only the agencies on the PSL will be set up as suppliers on FiS

Support

• HR are developing guidance on booking agency workers, which informs managers of the

– rights afforded to agency workers– their responsibilities as managers– information on processes to follow