The Agency Worker Regulations 2010 (AWR 2010) Flashcards
What legislation governs Agency Workers?
The Agency Worker Regulations 2010 (AWR 2010)
What does the legislation cover?
The Agency Worker Regulations 2010 (AWR 2010) provide agency workers a number of rights, some of which apply from the first day a worker is engaged and some after the worker has been with the same hirer in the same or a substantively similar role for 12 weeks.
What rights apply to agency workers from their first day as a worker?
All temporary agency workers are entitled, from the first day of their assignment:
1) Equal treatment.
2) Protection from discrimination:.
3) National Minimum Wage:
4) Holiday entitlement: (minimum of 5.6 weeks’ holiday)
5) Work hours and rest breaks:
6) Sick leave: Agency workers have rights relating to sick leave.
7) Information about vacancies:
8) Key Information Document.
what rights apply to agency workers after 12 weeks?
After 12 weeks in the same role with the same hirer, agency workers are entitled to the same rights as direct employees, also known as “equal treatment”:
a) Pay: The same rate of pay as a permanent colleague doing the same job, including holiday pay, overtime, and bonuses
b) Working time: The same working time, including not being expected to work more hours a week than those who are directly recruited
c) Annual leave: The same paid annual leave
d) Pension: Automatic pension enrolment
e) Rest breaks: The same rest breaks and rest periods
f) night work
g) rest periods
h) rest breaks
i) annual leave
j) pregnant workers will be entitled to paid time off for antenatal appointments.
what do regulations Regs 17 and 18 set out?
set out the claims an agency worker can bring if the regulations are breached.
What is the time limit for bringing a claim?
What are the damages?
Regs 17 and 18
The complaint must normally be made within three months less one day of the act or omission complained of (six months in respect of the armed forces).
The employment tribunal can award compensation that it considers just and equitable, having regard to the employer’s default in refusing to permit the exercise of the worker’s entitlement, and any loss sustained by the worker as a consequence of that default.
What does regulation 30 set out?
As far as entitlements are concerned, a worker denied an entitlement or payment for statutory paid leave may complain to an Employment Tribunal (Reg 30).
What did The Agency Worker (Amendment) Regulations 2019 remove?
The Agency Worker (Amendment) Regulations 2019 removed the Swedish derogation provisions from the 2018 Regulations on 6 April 2020. Therefore, with effect from this date, all agency workers will be entitled to pay parity.
What cases relates to agency workers?
The law relating to the employment status of agency workers is still in a confused state.
The cases of DACAS V BROOK STREET BUREAU (UK) LIMITED (2004) and JAMES V LONDON BOROUGH OF GREENWICH (2008)
show that workers can find themselves not being employed by either the agency or the end-user, which leaves the workers rather vulnerable.
What did THE TAYLOR REVIEW OF MODERN WORKING PRACTICES
2017 achieve?
The Taylor Review of Modern Working Practices was published in 2017, one of the elements it looked at was the status of ‘worker’.
Following the Taylor Review a report called A Framework for Modern Employment was published and recommended changes such as:
o The employment definitions should be made clearer;
o Individuals should be workers as a default;
o The s1 Statement should apply to works and be provided within 7 days of starting work; and
o Workers’ hours should either be guaranteed or workers should be compensated for uncertainty etc.
What is the Good Work Plan?
The government published the Good Work Plan in December 2018. Certain things have already been implemented:
o The right to a payslip has been extended to workers.
o The right to a s1 Statement has been extended to workers and has become a ‘day one’ right.
o A key information documents for agency workers has been introduced.
o The Swedish derogation for agency workers has been removed.
What is the Swedish Derogation?
The Agency Worker (Amendment) Regulations 2019 removed the Swedish derogation provisions from the 2018 Regulations on 6 April 2020. Therefore, with effect from this date, all agency workers will be entitled to pay parity.
The Swedish Derogation was an exemption that allowed agencies to pay agency workers less than their permanent employees for a period of time between assignments.
The removal of the Swedish Derogation means that agency workers are now entitled to the same pay as permanent employees after working for a client for 12 weeks.
The Swedish Derogation was controversial and was criticized for allowing contracts that promoted unequal pay. The Good Work Plan, which was compiled in 2018, included plans to revoke the derogation
