You may be wondering why we ask for information about your agency workers’ comparative pay and holidays after 12 weeks of service. This is why…
What are the Agency Worker Regulations (AWR)?
The Agency Worker Regulations 2010 give temporary agency workers the right to equal treatment in terms of the same basic working and employment conditions as they would have been entitled to had they been recruited directly by the hirer to do the same job. These rights will commence after the agency worker has worked in the same role for 12 calendar weeks with the same hirer.
What does ‘equal treatment’ mean?
Agency workers will be entitled to the same basic working and employment conditions as a recruit of the hirer (or a comparable employee) after 12 weeks of service in the same role with the same hirer. The entitlements include pay, duration of working time, night work, rest periods, rest breaks and annual leave.
Who is liable for establishing equal treatment?
The Supply Agency (in this case, System People) are responsible for ensuring that the agency worker receives the correct entitlements in respect of pay, working time, night work, rest periods, rest breaks and annual leave entitlement. The hirer (ie the school where the assignment is taking place) is responsible for giving the necessary information to the agency, in order that they can ensure the correct entitlements are paid and charged for accordingly.
What happens if Agency Worker Regulations aren’t adhered to?
If an agency worker believes they are not receiving equal treatment in relation to AWR they can make an application to an Employment Tribunal. This is usually an extremely rare event, but very much depends on the individual worker and whether they wish to pursue this option. In agency worker regulations tribunal cases usually both the agency and the school are named as respondents.
Do all agencies comply with Agency Worker Regulations?
At System People, one of our fundamental values is to operate with honesty and integrity, to treat both our teachers and clients professionally and respectfully at all times while also ensuring we meet the requirements of employment law.
Our research has shown that in many cases agencies do not fulfil their responsibilities under AWR. They do not inform schools when 12 weeks’ service is approaching for the supply teacher and as such they do not ascertain the permanent comparator information. This places both the agency AND the school at legal risk.
We would advise that you contact other agencies that you may use to ascertain whether they are fulfilling their obligations in this regard, putting both themselves and the hirers at legal risk.
You can find more information on the legal obligations of a hirer under section 14 of our terms of business.
Are you finding this a little complex and scary?
Please do not be concerned – we are here to help and often a chat on the phone with our lovely Business Manager Liza can allay any concerns or confusion that you may have. Call her directly on 01228 530554.
Does official guidance exist in relation to AWR in schools?
It certainly does, and we can provide a guide which has been publishing by the DfE in 2016 for you to read if you do require any further information.
Contact our office on 01228 530554 for more information.