Explore thousands of up-to-date resources that will help you increase your productivity, build your confidence in HR decisions and deliver on your business strategies. (2) To complete the qualifying period the agency worker must work in the same role with the same hirer for 12 continuous calendar weeks, during one or more assignments. Fact: The regulations are intended to give agency workers equal access to facilities and job vacancies that comparable employees receive. To complete the qualifying period the agency worker must work in the same role with the same hirer for 12 continuous calendar weeks. The second type of right relates to the terms and conditions on which the agency worker is engaged and is more complicated. Your browser does not allow automatic adding of bookmarks. When the break counts towards your qualifying period, it will be for the intended or likely length of the assignment (whichever is longer). (2) To complete the qualifying period the agency worker must work in the same role with the same hirer for 12 continuous calendar weeks, during one or more assignments. Discover the power of XpertHR employment law guidance and best practice at your fingertips. Myth: If an umbrella company employs a worker does that mean they are not an Agency Worker? Terms and conditions, • Employee Benefits Employee Benefits Connect The very nature of agency work means that the days worked under a particular assignment are often irregular. VAT Number 780351338. the agency worker returns to work in the same role with the same hirer, started working in a role during an assignment, and. (6) For the purposes of this regulation and regulation 8, when calculating the number of weeks during which the agency worker has worked, where the agency worker has—, (a)started working in a role during an assignment, and. (b)the agency worker is deemed to be working in that role in accordance with paragraph (6). Agency Workers will not be entitled to equal treatment in relation to redundancy pay, occupational pension schemes, share schemes, maternity/paternity rights or bonuses related to the company’s performance. People Analytics (3) For the purposes of this regulation and regulations 8 and 9, the agency worker works in “the same role” unless—. A break for one of the other specified reasons listed above in combination with a general break for six weeks or less will break continuity. The qualifying period will then pause while the pregnancy-related illness continues. She will be entitled to the equality right on her return to work. 7.—(1) Regulation 5 does not apply unless an agency worker has completed the qualifying period. It appears that the hirer for these purposes is the legal entity, such as a company, firm or public authority, that enters into the contract with the agency. Secondly, the 12-Week Qualifying Period (QP):-After 12 weeks in the same job the AWR entitles agency workers to receive the same basic employment and working conditions as to permanent employees (in a same or similar role). If, for example, an agency worker is taken on for what is expected to be a one-year assignment, but suffers a pregnancy-related illness after eight weeks and goes off sick, she will be deemed, for the purposes of calculating the qualifying period, still to be working under the assignment and will accordingly complete the qualifying period after 12 weeks even if she is still away from work. Contractor’s Question: If I become a temporary agency worker (AW), what rights in the workplace might I be entitled to from day one and week 12 of any assignment I undertake after October 1st? if required to do so by the temporary work agency, the agency worker has provided such written medical evidence as may reasonably be required. That may mean you receive different terms and conditions after 12 weeks when on different assignments. Regulation 7(5) provides that, in certain circumstances, the 12-week qualifying period is paused where there is a break between or during assignments, and continues to accrue when the agency worker returns to the same role with the same hirer. It is also worth noting that if individuals are found to be inside IR35, any attempt to manipulate a contract to say that contractors are outside IR35 when, they are in-fact inside, will be viewed as avoidance. The Swedish Derogation Model means that the workers are employed by the umbrella company under a full contract of employment. Start counting your 12 week qualifying period from your first day at work. Employee Relations AWs will have the right to work the same hours as a comparable employee. OH&W subscriptions (c)the agency worker returns to work in the same role with the same hirer. After completing the qualifying period, pregnant agency workers will now be allowed What counts as basic pay and basic working conditions -Jury service, pauses the clock for up to 28 weeks The legislation is designed to ensure equality for temporary agency workers; permanent workers are protected by other quality laws. Myth: If an umbrella company operates a Swedish Derogation Model does that mean the Recruiter doesn't have to worry about the AWR? This section has no associated Explanatory Memorandum. (i)ordinary, compulsory or additional maternity leave; (ii)ordinary or additional adoption leave; (iv)time off or other leave not listed in sub-paragraph (d)(i), (ii) or (iii); or. “If the arrangements do not reflect the reality of the relationship (e.g. You do not have to be at work for 12 weeks in a row - some types of leave count and there can be breaks. Diversity & Inclusion If the Hirer has rest breaks or holiday entitlement that exceeds the statutory minimum then the temporary worker must have the same entitlement. If you started a job for an employer before 1 October 2011, any time you spent working on the job before this date will not count towards the 12-week qualifying period. In certain circumstances, the qualifying period will continue to accrue during part of a break, then pause for the remainder of the break. An agency worker can qualify for equal treatment after 12 weeks in the same role with the same hirer, regardless of whether they have been supplied by more than one temporary work agency over the course of that period of time. Whenever she has been on a particular role for 11 weeks, she is moved to a brand new role and told that she is now at the beginning of a new qualifying period.Result: Once the agency worker embarks on the third role she will be deemed to have completed the qualifying period after the first week in the second role, as the reason she has been moved around is that the hirer is trying to avoid her acquiring that right. Myth: If there is no comparator available does that mean the agency worker will fall outside the scope of the AWR? Recruitment & Resourcing Fact: No. Organisational Development You ask about the benefits which employees receive that you will not be entitled to. the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources, the original print PDF of the as made version that was used for the print copy. If you work for more than one hirer, you will be eligible for equal treatment after 12 weeks in each hirer. As stated above, the qualifying period is broken if there is a six week break or more between assignments. If you can not find the answer to your question, please call us on 01206 591 000 or email firstname.lastname@example.org. Pharmaceutical and Healthcare Contractors, Guide to finding Contract or Freelance Work. An agency worker can complete the qualifying period over the course of a number of assignments with a variety of agencies. Whatever the surrounding circumstances or the organisational arrangements may be, it is always the actual work being done by the agency worker that is crucial. Myth: Will the 12 weeks qualifying period start again if the worker changes from one umbrella company to another? What is an overarching contract of employment? The guidance (PDF format, 330K) on the Regulations issued by the Department for Business, Innovation and Skills (BIS) (on the BIS website) lists a number of factors that may be considered in deciding whether or not the work or duties are substantively different, namely whether or not: However, while these factors may to some extent be taken into account, it is important that employers do not lose sight of the simple fact that what matters is whether or not the work or duties are substantively different. factory closure or school holidays, pauses the clock The 12-week qualifying period. -Even 1 hour worked in any one-week equals to 1 whole week of the qualifying period. Therefore, if a worker has been in the same position at the site for 10 weeks before they come to your agency then you will need to ensure that the AWR are complied with 2 weeks after they sign up. the temporary work agency has informed the agency worker in writing of the type of work the agency worker will be required to do in the new role. (a)for any reason and the break is not more than six calendar weeks; (b)wholly due to the fact that the agency worker is incapable of working in consequence of sickness or injury, and the requirements of paragraph (9) are satisfied; (c)related to pregnancy, childbirth or maternity and is at a time in a protected period; (d)wholly for the purpose of taking time off or leave, whether statutory or contractual, to which the agency worker is otherwise entitled which is—. We understand you might have lots of questions, so why not give one of our friendly experts a call on 01206 591 000. (a)an assignment ends on grounds which are maternity grounds within the meaning of section 68A of the 1996 Act, and. In any of these situations, where the most likely explanation for the structure of the assignment or assignments is that either the hirer or the agency intended to prevent the agency worker from being entitled to the equality right, the structure of the assignments will not prevent the agency worker from completing the qualifying period and the agency worker will be treated as having completed the qualifying period at the time he or she would otherwise have completed it.
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