Agency Worker Regulations (AWR)
The Agency Worker Regulations (AWR) are in place to ensure that temporary workers are given the same basic rights and employment conditions* as if they were engaged directly by an end user client doing the same job. These rights come into play following 12-weeks in a role. The temporary worker will also have the same rights as the permanent employees from the start of the contract, to use any shared facilities and services, including canteen / food & drinks machines, workplace creche, car parking & transport services.
*as defined in the regulations (via the Temporary Agency Workers Directive), includes pay, duration of working time, length of night work, rest periods, rest breaks, annual leave and paid time off for ante-natal appointments.
Who does it apply to?
The regulations will affect individuals who find temporary work through an agency, including agency workers, and agency workers contracted under an umbrella company.
This means that individuals that operate as self-employed, via a limited company or otherwise, and do not work under the supervision of the hirer are not classified as “agency workers”. This means they sit outside of the scope of AWR.