Agency Workers Regulations 2010
The Agency Workers Regulations (AWR) and implementation of the Agency Workers Directive is the most significant legislation ever to hit the UK's private recruitment industry. Following many years of debate in Brussels, the Regulations will come into force in England, Wales and Scotland on 1 October 2011 and are designed to give temporary agency workers parity in pay and employment conditions as they would have been entitled to had they been recruited by the hirer directly to do the same job after 12 weeks' of service with the same hirer, in the same role, in order to qualify.
Why do organisations that are not employment agencies need to consider the AWR?
The AWR, which are in force from 1 October 2011, place obligations on employers that hire or otherwise use workers who are agency workers under the Regulations. Their impact is not limited to employment agencies and companies that are involved in the supply of agency workers.
A hiring end user that fails to comply with its obligations under the Regulations may be liable for an award of compensation made against it by an employment tribunal.
A hirer may also be held responsible for a breach of a temporary work agency's obligations under the Regulations if an employment tribunal finds that the hirer was partly or fully to blame for the breach (for example where the hirer ignores the agency's request to discuss and formulate a strategy to ensure compliance with the Regulations). Hirers will also be liable under the Regulations if they fail to give certain information about their own workers' and employees' employment conditions when requested by an agency or, in some circumstances, an agency worker.
Church International, as members of the REC and APSco, has access to comprehensive AWR implementation information and is best placed to advise and reassure our Clients about the impact and practicalities involved in the implementation of equal treatment for agency workers and can conduct impact assessments.
If you would like more information on the Regulations including understanding the potential impact of the AWR and Managing Compliance & Risk please contact our Head of Compliance, Legal & Support, Lesley Hayes.
