The Agency Worker Regulations (AWR) were introduced over ten years ago, and even now are regularly overlooked. There may have been indications that these regulations may not last, but a government announcement last Friday shows that AWR is here to stay, with no proposals to change.
When first introduced there were dramatic claims that these regulations threatened the very end of agency supply work. Thankfully, there have been minimal reported AWR cases over the last 10 years. We cannot say whether this is because workers have not been aware of their rights, unlikely given union interest in the subject, or agencies have been following the rules, a more likely story. However, we now live in more challenging times, and regulations are becoming more and more prominent.
The AWR rules are complex and contain many different rights for agency workers, but the fundamental one is that any individual classed as an agency worker is entitled to the same pay and basic working and employment conditions after 12 weeks in a role for a hirer as the worker would have received if engaged directly. Liability can fall to any or all of an agency, hirer and umbrella, meaning that agencies must be fully aware of where responsibilities lie, the steps that can be taken to reduce risk, and ensure that they are not left out of pocket.
There are of course many more layers and intricacies to these regulations, and to help understand this complex area and for more information, join us on our webinar on Thursday 25 May at 11am. We will look into the regulations in more detail and explore the key steps that businesses can take to protect against liability for AWR claims.
If you are unable to make the live webinar, a recording will be available shortly afterwards.
Don’t just get by, get ahead!
Theresa Mimnagh, Director, Lawspeed
Lawspeed group corporate clients benefit from immediate up to date advice on staff engagement and related regulation; employment status; client, IR35, PAYE and umbrella contract templates; contract review/negotiation; self-employment and CIS contract templates; trade membership and government representation; accreditation services and a state of the art digital contract management platform.