What is the AWR
The Agency Worker Regulations were introduced in 2011 and aim to combat discrimination of ‘agency workers’ by stating they should be no less favourably treated than their full time or directly hired counterparts.
The regulations are split into two primary employment models; Comparable (also known as ‘Compliant Umbrella’) which complies with Regulation 5, and Swedish Derogation (also known as ‘Pay Between Assignments’) which complies with Regulation 10.
Regulation 5 - Comparable
JSA employ our umbrella workers under an overarching contract of employment which complies with the regulations pursuant to Regulation 5 of the AWR (compliant umbrella).
Regulation 5 states that any employee and agency worker, after just 12 weeks on assignment, must be in receipt of equal pay to their full time counterparts in addition to being treated equally in respect of facilities and amenities.
Regulation 10 – Swedish Derogation
There is an exemption from equal treatment provisions on pay where the employment includes provisions for payment between assignments during periods where the worker is not working but is available to work (i.e. Is not on holiday, sick etc). This means that after 12 weeks on the same assignment, the agency worker will not be entitled to the same pay as any full time or directly hired counterpart.
For more information on the AWR, please call our Compliance Team on 0800 25 26 40 or 01923 257 241