Agency Worker Regulations Policy

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Policy Contact

Harminder Ghataaura

Date Issued

01st October 2021

Amended

01st July 2023

Next Review Date

01st July 2024

Approved by

Harminder Ghataaura

Effective October 1, 2011, the Agency Worker Regulations 2010 (AWR) were enacted into law in the UK, signifying a crucial piece of legislation. We strongly advise all temporary agency workers under Oakwood 24 to familiarize themselves with these guidelines. Despite the intricate nature of AWR rules, the overarching goal is clear: to ensure equal treatment for temporary agency workers in terms of basic working and employment conditions.

This regulation delineates responsibilities among three parties: the agency worker (you), Oakwood 24 as the temporary work agency, and our clients referred to as hirers. The hirer, whether an individual, company, partnership, sole trader, or public body, is responsible for overseeing and directing your activities during your shift.

Under the AWR, you have the right to the same basic working and employment conditions as comparable employees directly employed by the hirers where Oakwood 24 places you. Equal treatment covers basic rates of pay, overtime or anti-social uplifts (evenings, Saturdays, Sundays, bank holidays, etc.), bonus and incentive schemes, holiday pay, and day one benefits.

Certain benefits applicable only to permanent employees, such as sick pay, pensions, maternity/paternity leave, and redundancy, are not extended to temporary agency workers.

The 12-week qualifying period is crucial for equal treatment. This period applies when you work in the same role (referred to as an "assignment") with the same hirer for 12 continuous weeks. Various circumstances are outlined in the regulations, detailing breaks that do not impede the 12-week qualifying period.

The 12-week qualifying period is akin to a clock that can reset, pause, or continue ticking based on specific breaks between assignments. Breaks that reset the clock to zero include starting a new job role with a new hirer or remaining with the same hirer but with a substantively changed job role. Pauses occur with breaks of no longer than six weeks where you return to the same job role with the same hirer. The clock continues ticking during breaks due to childbirth, pregnancy, maternity, or related leave.

Immediate entitlements for temporary agency workers include "day one" benefits, such as access to collective facilities and amenities of the hirer (including canteens, transport services, and childcare facilities) and the right to be informed of any relevant vacant posts and internal training resources.

The AWR is not applied retrospectively, and qualifying weeks start accruing from October 1, 2011. To ensure you receive these benefits, it is imperative to inform Oakwood 24 of your work at the same hirer through third-party agencies and any breaks you take, such as annual leave, sickness, or other

interruptions. This information is crucial for accurate tracking and equal treatment after the 12-week qualifying period.

For instance, if you work as a carer at a hospital for 10 weeks and then take a break for 6 weeks or less before returning to the same job role, you will resume on qualifying week 11. If your job role changes, the qualifying clock resets to week 1, and if the break exceeds 6 weeks, you start anew on qualifying week 1 upon return.

To further ensure accurate tracking, it is essential to inform Oakwood 24 of any work at a hirer through another third-party agency. Additionally, notify us of annual leave, sickness, or other breaks by emailing the details to payroll@oakwood24.co.uk, attaching relevant proof for verification. This proactive communication helps us uphold our responsibility to track and record your work accurately and ensures equal treatment after the 12-week qualifying period.