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29.10.2015
The Agency Worker Regulations came into effect on 1st October 2012 and, for the first time, gave the potential for temporary workers to enjoy the same rights as comparable full time employees, subject to a 12 week qualifying period of employment. Research recently conducted into the effect of the Regulations has found that many organisations are reporting an increase in costs of taking workers on.
For example, many employers are taking temporary workers on short term assignments of less than 12 weeks as this is the point at which the workers qualify for equal treatment. This entry was posted in Chadwick Lawrence Solicitors, Employment Law and Health & Safety, Solicitors Dewsbury, Solicitors Halifax, Solicitors Huddersfield, Solicitors Leeds, Solicitors Wakefield and tagged Agency Worker Regulations, Chadwick Lawrence. The Agency Workers Regulations (AWR) are new regulations which come into force in England, Scotland and Wales on 1st October 2011. Like many other organisations operating within the logistics sector or the automotive industry, Rudolph and Hellmann Automotive currently utilise a percentage of agency workers. In anticipation of the new regulations being introduced, we are currently working with human resource specialists to ensure that the implications of the AWR are fully understood and that all Rudolph and Hellmann employee processes relating to the agency regulations are compatible. Upon completion of a 12 week period the agency worker will be entitled to the same terms and conditions rights as a permanent member of staff member relating pay, working time, night work, rest periods, rest breaks and annual leave.
Temporary work agencies (TWA) – these are companies that are involved in the supply of temporary workers.


A study from ACAS (the Advisory, Conciliation and Arbitration Service) reveals that among callers to the ACAS helpline, agency workers were often unaware of their employment rights and afraid of raising workplace concerns due to fears over job security. The paper Three sides to every story: the impact of the Agency Worker Regulations looked at recent research around agency workers as well as employers and employees that called the ACAS helpline about agency work. ACAS Chair, Sir Brendan Barber, said: "Our analysis reveals that agency workers can feel a sense of insecurity and fear around their contracts, similar to those raised by calls to our helpline on zero hours contracts. A key issue in working with materials handling equipment is the appropriate use of agency workers, with workers taking on (sometimes dangerous) tasks without adequate skills, experience and training. O’Reilly continues: "ACAS research also indicates that agency workers are afraid of raising concerns and there are examples cited of workers reporting that they are coerced into working without adequate training. Alternatively, self employed workers are being engaged so there is no agency relationship and again this takes them outside the scope of the Regulations. This is a form of contractual arrangement whereby the employment agency takes the temporary worker on a permanent contract of employment.
The team is also in the process of negotiating with current agency personnel suppliers to agree a business framework to move forward under the new regulations.
Any bonuses that are directly attributable to the amount or quality of the work done by the worker will also be included if this is applicable to an equivalent permanent member of staff.


The AWR essentially regulate the working conditions of temporary workers by ensuring that they receive the same pay, working hours, and holiday allowances as regular employees. In the first instance, any such issue should be fed back to the agency, and the agency should take it up with the client.
Between assignments the worker is guaranteed a minimum level of pay and this relationship again takes them outside the scope of the Regulations. In order to qualify for these benefits, the agency worker must be employed for 12 weeks or more regardless of the number of hours they work each week. If it becomes evident that the individual should be performing the task, then the agency must ensure the correct training is in place for the worker.



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