Agency Worker Regulations

The Agency Worker Regulations (AWR)

AWR came into force on 1st October 2011, the government decided not to review the scope of the regulations as they thought reopening talks with the Union may jeopardize the 12 week qualifying period.

On day 1, when a temporary agency worker is placed on site they will have what is termed Day 1 Rights. These are rights to access to facilities like a canteen, child care, transport or parking or gym membership if access to these facilities is given to permanent workers on the same pay scale or in the same job role.

After a 12 week period on the same site the temporary worker will receive the right to equal pay, working time, night work, rest periods and contractual annual leave. "Pay" includes fees, bonuses relating to work done, commission and holiday pay, it excludes occupational benefits like contractual maternity pay and sick pay above statutory minimum, pensions, financial participation schemes and expenses. It is important to note that the 12 week period continues to accrue if there is an absence due to pregnancy or maternity/paternity/adoption leave.

Bar 2 have worked closely with agency clients, lawyers and contractors to put in place mechanisms that will ensure full compliance of AWRRead this open letter from our MD.