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Agency workers regulations

AWR Briefing for Teachers and Teaching Professionals

On 1 October the Agency Workers Regulations will come into force.

The law requires that the basic working and employment conditions of agency workers are no less favourable than if the workers had been recruited directly by the hirer.

The equal treatment entitlements relate to pay and other basic working conditions and come into effect after an agency worker completes a 12-week qualifying period in the same job with the same hirer.

This starts from 1 October 2011.

Treated equally

Once you have completes a 12-week qualifying period with you, in the same role, you will be entitled to have the same basic terms and conditions of employment as if you had been employed directly by the school or centre. These are:

• pay
• duration of working time
• night work
• rest periods
• rest breaks
• annual leave

Pregnant agency workers who have completed the 12- week qualifying period will be entitled to paid time off for antenatal appointments.

How do you calculate the ‘qualifying’ period?

The qualifying period is triggered by working in the same job with the same hirer for 12 calendar weeks. A calendar week is any period of seven days, starting with the first day of an assignment. Calendar weeks will be accrued regardless of how many hours the worker does on a weekly basis. So if an agency worker is on assignment for only a couple of hours a week, it still counts as a week and they will be entitled to equal treatment after 12 calendar weeks.

Which terms are not included?

• Occupational sick pay
• Pension, allowance or gratuity payments
• Occupational Maternity, Paternity or Adoption pay
• Payments referring to redundancy
• Payments made by financial participation schemes (i.e. share schemes)
• Expenses

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