What are the Agency Worker Regulations?
The main principle of the regulations directive, which came into force on 1 October 2011, is to give equal treatment to someone who has been with a hirer for 12 continuous weeks in a given job. The agency worker will be entitled to at least the basic working and employment conditions such as pay and working time which are equal to the hirer’s own employees.
What rights do agency workers have under AWR?
Immediate entitlements include:
• The same access to facilities such as staff canteens, childcare and transport as a comparable employee of the hirer;
• To be informed about job vacancies
When the 12-week qualifying period has been achieved, an agency worker will
be entitled to the same basic conditions of employment as if they had been directly employed on day one of the placement, specifically equal pay and statutory employee benefits such as Statutory Maternity Pay, paid for by the employer. Any healthcare worker wishing to apply for statutory benefits such as statutory sick pay or statutory maternity pay through Direct Medics will be assessed in line with current legislation.
Does the 12-week qualifying period have to be continuous?
No, most breaks between or during an assignment to the same job that are less than six weeks in length will simply pause the accrual of the 12-week qualifying period. However a break between or during a placement, where no shifts have been booked, that is more than six weeks will reset the 12-week qualifying period. Please note however, that the assignment has to be with the same Client.