Agency Worker Regulations have limited scope to many supplied workers
Everyone knows that the Agency Workers Regulations 2010 (AWR) apply to workers who are temporarily supplied by a temporary work agency to a hirer. No doubt hundreds of hirers have paid higher comparable rates to their agency workers following implementation of these regulations, whilst others have used various methods to avoid paying those rates. But need all those hirers, and their supplying agencies, take those steps?
“No” says Adrian Marlowe, MD of the recruitment law specialist Lawspeed. “Following our research into recent case law, the Agency Workers Directive in the EU and the UK regulations it is clear that a significant number of individuals currently supplied to hirers do not in fact qualify for the rights even after the 12 week qualifying period. Those rights therefore are being afforded unnecessarily, leading to wasted administration and higher costs.
He concluded “With carefully prepared compliant contracts and processes in place the impact of the AWR can be minimised.”
Supported by Lawspeed’s guarantee of professional service operated since 1997 the Lawspeed advice and contracts portal is available to all recruitment businesses. As well as having hundreds of agency clients, Lawspeed provides the legal support for the Association of Recruitment Consultancies (ARC), which fought a hard and successful campaign to limit scope of the AWR in 2009/10 based on careful research into the Directive.
Call on 01273 236236 to access the best and latest advice on the AWR.
Adrian, a highly experienced lawyer, founded Lawspeed in 1997. He is responsible for developing our extensive portfolio of products and services, including the widely used Lawspeed contract templates. Adrian is an expert on “recruitment law” and specialises in contracts, regulatory compliance, employment status and dispute handling. He is chair of the trade body the Association of Recruitment Consultancies, the only lawyer lead recruitment trade body in the UK. Adrian and his co-director Ravi devised Standards in Recruitment as a vehicle for helping drive up standards and compliance in the industry.
Adrian is our lead in discussions with the government over regulatory evolution. Apart from assisting with client support, Adrian’s primary role is research and development into methods of business delivery, our latest service Proterms being his most recent project. Adrian heads our IR35 lawyers team.