AWR

AWR – The Agency Workers Regulation or AWR as it is more commonly referred to came into effect on 1st October 2011 and protects temporary workers hired through an agency or those working through an Umbrella Company.

The Agency Workers Regulation rule enforces that any ‘temp’ working for a company after 12 weeks, in the same job role, will be entitled to the same working conditions as a permanent employee in the same job, putting a whole new spin on the way ‘temporary workers’ are treated.

This means that temporary workers after 12 weeks in the same role must be treated to the same terms and conditions relating to pay as a permanent member of staff, these conditions include:

  • Basic pay
  • Holiday pay
  • Bank holidays
  • Overtime pay and some bonuses

However the following are excluded from AWR: sick pay, loyalty bonuses, pensions, maternity and redundancy payments.

Who is affected by the Agency Workers Regulations?

This new ruling does not affect contractors working through their own limited company or those that are outside IR35.

The summary table below shows if you would be affected by the scheme.

Status of Individual

Affected by AWR

Supplied by temporary work agencies

Yes

Supplied by intermediaries e.g. umbrella companies

Yes

Limited company contractors

No

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