The hottest talked about recruitment topic of 2011
The Agency Workers Regulations (AWR) 2010 will come into force in England, Scotland and Wales on 1 October 2011. The regulations stem from the EU Temporary Workers Directive 2008 which will give temporary workers equal treatment to the permanent employees.
Qualifying period -This is where most of the confusion lies.
• The qualifying period will only start from 1 October 2011 regardless of when the assignment started.
• If a temporary worker is moving departments a new qualifying period will only start if the tasks are different and not just a change in job title.
• The qualifying period will be paused rather than stopped if the worker has less than 6 weeks break, statutory/ contractual maternity, adoption or paternity leave, time off for public duties.
NOTE the temporary worker does not have to work for the same agency to qualify for equal rights.
What does equal treatment mean?
After the qualifying period of 12 weeks the temporary worker will be entitled to the same
• Pay
• Duration of working time
• Night work
• Rest periods
• Rest breaks and annual leave
There are also “Day one rights” which include information regarding current open vacancies and on-site facilities such as childcare, canteen car parking and transport services.
Liabilities and penalties
• Day one rights are solely the responsibility of the hirer however the agency MUST take reasonable steps to ensure they have obtained the information from the hirer.
• The agency is responsible for ensuring that all other equal treatment is adhered to.
• An Employment Tribunal will apportion the blame and any financial sanctions accordingly.
TOP TIPS
• Analyse your temporary workforce; why do you use temps? What is the average length of assignment? What types of roles do temps cover?
• Invite you preferred supplier agency in to discuss how they will implement and monitor the AWR
• Build a strong relationship with your recruitment partner, communication is going to be the key to ensure the AWR is adhered to
There is so much more than needs to be covered under each section and you should research this topic further.
Laura Hartley
Laura Hartley Recruitment Ltd
