Section 01
Purpose
The Agency Workers Regulations 2010 (AWR) aim to ensure that temporary workers placed through recruitment agencies receive equal treatment regarding working conditions after a 12-week qualifying period. This policy outlines We Are Care's process for ensuring compliance with AWR and protecting the rights of our temporary workers.
Section 02
Scope
This policy applies to all temporary workers placed through We Are Care and working with clients under temporary contracts. It covers the conditions that agency workers are entitled to, both from day one and after the 12-week qualifying period, as outlined by the AWR.
Section 03
Key provisions of AWR
Day-one rights
From the first day of an assignment, agency workers are entitled to access certain basic facilities and services that comparable permanent employees of the client can use. These include:
- Staff canteens
- Transport facilities (e.g., car parking, shuttle buses)
- Childcare facilities
- Job vacancy information: Agency workers must have access to information about job vacancies within the client's organisation.
12-week qualifying period
After completing 12 weeks in the same role with the same client, agency workers become entitled to the same basic working and employment conditions as if they were directly employed by the client. These conditions include:
- Pay: This includes basic salary, overtime, shift allowances, and bonuses tied to work performance.
- Working hours: Equal treatment regarding rest breaks, holiday entitlement, and limitations on working time.
- Annual leave: Agency workers must receive the same holiday entitlement as comparable permanent employees.
Section 04
AWR request
An AWR request refers to a situation where an agency worker or their recruitment agency requests confirmation from the client regarding the worker's pay and working conditions after the 12-week qualifying period. This ensures compliance with the AWR and that the worker receives fair treatment.
Reasons for an AWR request
- Ensuring compliance: To confirm that the pay and working conditions align with the rights granted under AWR after the 12-week qualifying period.
- Dispute resolution: To address potential discrepancies if the worker believes they are not receiving fair pay or conditions.
- Verification of comparable employee terms: To clarify the equivalent pay or benefits based on comparable permanent employees in the client's workforce.
Section 05
Responsibilities
Client's role
When a client receives an AWR request, they must provide details on the working conditions, pay rates, and benefits of comparable permanent employees within their organisation to ensure agency workers receive fair treatment.
We Are Care's role
As the recruitment agency, We Are Care is responsible for verifying that workers' conditions meet the AWR requirements and may request this information from the client to ensure compliance.
Worker's role
Agency workers have the right to request information from We Are Care or the client about their working conditions under the AWR.
Section 06
Handling an AWR request
- Provision of information: The client must share details of working hours, pay rates, benefits, and any relevant terms.
- Timely response: Both We Are Care and clients must respond promptly to ensure compliance and avoid potential disputes or legal challenges.
Section 07
Summary
The Agency Workers Regulations (AWR) protect the rights of temporary workers after a 12-week qualifying period. Agency workers are entitled to the same working conditions as permanent employees, including pay, working hours, and annual leave. An AWR request helps verify compliance and ensures fair treatment for temporary workers.
Section 08
Use of Baton
Where Baton supports rota matching or worker communications, it does not exclude workers automatically. Final engagement decisions are reviewed by We Are Care staff.