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Agency Workers Regulations
A guide for Driver Hire workers
 
 
What are the Agency Workers Regulations?
The Agency Workers Regulations (AWR) became UK law on 1st October 2011. Their core purpose is to align the basic employment conditions (such as pay and holiday entitlement) of temporary workers with those of the people they work alongside. Some rights are granted on Day One of an assignment, whilst more significant changes (on pay and holidays) are given after a 12-week ‘qualifying period’.
 
 
Do the Regulations apply to me?
The Regulations apply to any worker who is supplied by a recruitment business to work under the supervision and direction of a third party; and who has a contract or terms under which they provide their services personally for the agency (e.g. if you work for Driver Hire on a ‘Contract for Services’). The Regulations also cover workers engaged through umbrella companies.
 
 
What does ‘Equal Treatment’ mean?
When a temporary worker completes a 12-week ‘qualifying period’ (irrespective of how many hours/days worked each week) with the same company in the same role, that worker must be treated as if he or she had been recruited directly to do the same job.
 
The worker then acquires ‘Equal Treatment’ rights which include:
  • Basic pay (including overtime, shift allowances, certain bonuses and benefits in kind)
  • Duration of working time and rest breaks
  • Holiday entitlement
 
What’s not included:
  • Maternity, paternity and adoption pay
  • Pensions and financial participation schemes
  • Redundancy payments – the AWR does not grant extra employment rights
 
 
What is the 12 week ‘qualifying period’?
You will qualify for Equal Treatment following the completion of 12 weeks’ work (either full or part time) for the same company in the same role. You do not have to work for 12 consecutive weeks; breaks can be taken in between weeks worked – provided the gap is not longer than 6 weeks in duration.
 
The qualifying clock will pause under the following circumstances:
  • You do not work for the employer for a period of less than 6 weeks
  • A strike or industrial action is taking place
  • You are off sick, on maternity leave or undertaking jury service (the 6 week time period is increased to 28 weeks in these instances)
  • You book time off on holiday
  • Organisational shut-downs (factories shutting during holiday periods etc.)
 
 
A new qualifying clock will start under the following set of circumstances:
  • A new assignment with another employer commences
  • You undertake a substantively different role with your current employer
  • You do not work for the employer for 6 weeks or more
 
 
What are my Day One rights?
In addition to the rights gained after completing 12 weeks in the same role, all temporary workers are now entitled to certain rights from Day One of their assignment:
  • Access to collective facilities e.g. canteen, parking, gym, child care etc.
  • Access to information on job vacancies
 
 
How do I get more information on AWR?
As you’d expect from Driver Hire, we’ve provided some guidance to help our candidates gain a better understanding of the Regulations and what they mean in practice:
 
Click here to view Driver Hire’s AWR in 60 seconds – a quick summary that explains the major points of the Regulations
 
Click here to view the Agency Workers Regulations in full, and other AWR-related resources
 
Should you wish to receive any information regarding AWR in relation to your individual assignments, please contact your local office in the first instance who will be more than happy to assist in resolving any queries you may have*.
 
*Driver Hire will endeavour to respond to all queries as quickly as possible. We will respond to your request within a maximum of 28 days, as required by the Agency Workers Regulations.
 
 
 
 



If you would like any more information on any of the above, please email the AWR team at
awr@driverhire.co.uk
 


 
 
 
 
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