AWR Advent Calender: Myths 10-16
10. The AWR does not apply if the contract started before 1st October 2011
Fact or fiction?
Fiction – the AWR applies to all supply after 1st October 2011. It does not matter when the supply began. The weeks worked by an agency worker before this time however, do not contribute to the twelve weeks required to qualify for the R.5 right to equal pay.
11. The AWR only applies to those who were already agency workers on 1st October 2011
Fact or fiction?
Fiction – if the agency worker is supplied to a hirer on or after 1st October, the AWR will apply.
12. Holiday pay must be part of the ‘payments between assignments’ under the Swedish Derogation model
Fact or fiction?
Fiction – holiday pay only accrues when the worker is actually working. When making payments to individuals under the Swedish Derogation model, holiday pay will not be accrued.
13. Agency workers will be entitled to SSP and payments in respect of maternity, paternity and adoption leave after the qualifying period
Fact or fiction?
Fiction – agency workers are already entitled to SSP and other statutory payments, but if the hirer has a policy to provide directly engaged staff with additional sick pay, maternity, paternity or adoption pay above the statutory minimum, the agency workers are not entitled to these payments.
14. Hirers can ‘opt out’ of the regs by asking agencies to employ agency workers directly, meaning they will not be agency workers under the AWR
Fact or fiction?
Fiction – hirers, temporary work agencies and agency workers are unable to ‘opt out’ of the regulations. The fact that an individual is employed by an agency, rather than hired on a contract for services, will not prevent them from being an agency worker under the AWR.
15. Swedish Derogation – if the employment contract specifies work for 1 hour a week, only 1 hour need be paid in between assignments
Fact or fiction?
Fiction – Payment in between assignments is related to amount, not hours specified in the contract. The minimum amount must not be less than 50% of the maximum amount paid for a pay period in the 12 preceding weeks. This amount cannot be less than the national minimum wage.
16. The AWR prevents agencies from being able to claim transfer fees
Fact or fiction?
Fiction – The AWR has no bearing on the transfer fees in place with you and your clients.
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.
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