AWR myths 12 – 15

12. Holiday pay must be part of the ‘payments between assignments’

under the Swedish Derogation model

Fact or 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?

– 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?

– 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.