What exactly is the AWR?
The Agency Workers Regulations (AWR) will come into force in England, Scotland and Wales on the 1st of October 2011. It is a piece of EU legislation which aims to provide temporary/contract workers with equal treatment in terms of basic working and employment conditions as if they had been employed directly. This will mean that the temporary/contract worker will be entitled to the same basic working, employments conditions and some benefits as an employee doing the same or similar work in the hirer. This comes into force on the first day after the twelfth week of continues work. This only applies however if there is a permanent counterpart in existence at the hirer prior to the temporary/contract worker starting or throughout the duration of the contract. It is worth noting however that equal treatment does not apply to sick pay or paternity/maternity/adoption leave, but would apply to equality of pay, holidays, working hours, breaks, overtime and access to facilities.
The official guidelines on the Agency Workers Regulations can be found here
Whether you are an agency, end client or contractor, you are in safe hands with paysure. We have always had the contractor/employee at the forefront of our mind and have always adopted an employment led approach which means we have operated as employers from the outset. The changes required to support that of the AWR are not huge and as a result we haven't been forced to change our model a great deal. We have and are making the adjustments that are necessary in order to be able to offer both the Swedish Derogation and Pay Parity solution, and will continue to review and refine these solutions based on feedback from employment law specialists as well as agencies and contractors themselves. As with all legislative changes we have seeked advice from our Solicitors, and with time once the legislation is in full force we will have a clearer picture of the AWR as it unfolds.
We will offer two solutions:
- Paysure Reflections
This model ensures the individual contractor, in respect to equal treatment, will be at least on par or above that of a permanent counterpart working at the same hirer. We will use a comparable pay checker along with an equal treatment questionnaire which will continuously check the status and working package.
- Paysure SD
This model will be able to support the Swedish Derogation Model to meet regulation 10, meaning the individual worker/contractor would be outside the scope of the AWR.
To discuss the AWR in more depth or to arrange a meeting with a member of staff, please contact us on 0161 928 7189 or email@example.com