Agency Workers Regulations (AWR) [Download PDF Brochure]

AWR - The Basics

  • Rights under the Agency Workers Regulations apply to any individual classed as an agency worker.
  • From the first day of an assignment the agency worker will acquire rights to facilities, including the right to be told of suitable job vacancies.
  • Other rights apply after a qualifying period of 12 weeks including entitlement to equal pay, rest breaks, working time and holidays. The agency worker is entitled to those rights that either regular employees or workers of the hirer are entitled to, subject to certain exclusions.

Professional Workers
For those who are in business on their own account where the status of the hirer is that of a client or customer of a "profession or business undertaking", Eden are able to offer 2 alternatives:.

  • Professional Status – using a Professional agreement with the worker.
  • Eden's Limited Company (PSC) solution.

Workers treated equally or better than a comparable employee

  • Eden will provide 'AWR friendly' agreements similar to our existing umbrella version.

This solution can also be used for Employees working under supervision with no comparable terms and conditions, or where assignments are less than 12 weeks.

Information flow will ensure compliance between all in the chain of supply (Temporary Work Agency).

Swedish Derogation Model (permanent contract of employment)

Eden are able to provide a permanent contract of employment as a solution for your agency, thus removing the worker's right to equal pay under Regulation 5. (This is dependent on the results of the Eden risk assessment.)

This will involve Eden:

  • Consulting with your agency and perhaps the end client via your agency
  • Paying employees between Assignments
  • Establishing the rate of pay between assignments

What can your agency do in preparation?

  • Planning
    Planning is the key to preparation for AWR. Your agency needs to think about how you can adapt to the regulations. How will you administer the additional information needed to remain compliant with the agency workers regulations?
  • Transfer of information
    It is essential that the information between client, agency and in some cases the service provider is transferred. When the regulations are implemented agencies will find that having the end client educated fully and on their side will make things a lot easier for them. This includes the request for comparable information.
  • Contact Eden to schedule a meeting on how we can help you minimise AWR's impact, please call 0844 686 8350.