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Agency Worker Regulations

The Agency Worker Regulations came into force on 1 October 2011. The main aims of the AWR are to award temporary agency workers the same basic pay & working conditions as a comparable, permanent employee who would have been hired on day 1 of the assignment i.e. a permanent or direct hire employee doing the same or similar role.

There are certain Day 1 rights such as use of facilities and access to information on permanent jobs, but the main rights are applicable after 12 continuous weeks in the same role at the same organisation (there are allowances for sick/annual leave or compulsory closure of client premises).

Pay includes:

  • Basic pay based on annual salary broken down to an hourly equivalent
  • Overtime payments
  • Payment for annual leave (over and above the statutory minimum of 5.6 weeks which all temps currently accrue)
  • Bonus or commission directly attributable to the amount or quality of work done by an individual

Pay excludes:

  • Occupational pension & sick pay
  • Redundancy pay or notice pay
  • The majority of benefits in kind
  • Bonuses not directly linked to performance of individual

The above summarises the main points that are likely to be encountered, but if you have specific queries please contact Russell Carr on 0207 198 6190 or