The Agency Worker Regulations 2010 (AWR) are 5 years old, but have they become part of your internal processes? Could your business have become complacent?
We have seen very little case law on this area. However, Lawspeed has experienced a recent increase in clients receiving complaints and cases based on the AWR. What can an employment business do to ensure that it is compliant?
Recruiters, umbrella companies and hirers could all be liable under the AWR. Hirers could be liable for access to facilities on site or job vacancies from Day 1, but all in the supply chain could be liable if an agency worker does not (after completing a 12 week qualifying period), receive the pay and basic working conditions that would have applied, had the worker been engaged directly by the hirer at the start of the assignment.
Recruiters can protect themselves by ensuring that relevant information is requested from hirers, applied and passed down to all in the contractual chain. Beware of hirer contracts which transfer liability under the AWR to the recruiter, such as indemnities that cover AWR claims.
Contractors may be outside the scope of AWR, e.g. if they are carrying on a business undertaking and the correct contractual provisions are in place. However, this is not automatic; just because a person operates via a personal service company does not mean that they do not have AWR rights. Therefore checks are required to ensure that the contractor is carrying on a business undertaking of which the hirer is a client and that there are provisions in the contract to reflect this.
Are your workers within the scope of AWR? Do you have processes in place to ensure that you are compliant and that your business is protected from costly claims? Lawspeed can help with all aspects of the AWR – call us on 01273 236 236 for advice.
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.