AWR - Candidates

Under the Agency Workers Regulations agency workers have two sets of entitlements: one set from the start of their assignment (commonly referred to as Day 1 rights); and a second set after they have completed a qualifying period of 12 working weeks.

Day 1:

From the 1st October, in any temporary work assignment where you are working through an agency for an end hirer, you will be given the same access to facilities and internal vacancies as a directly employed member of staff in the same job has. These are generally on site facilities, which can include but are not limited to the following:

• Access to internal vacancies
• Crèche
• Canteen
• Common room
• Car parking
• Prayer room
• Local pick-up/drop-off

Your line manager will be able to advise you exactly which facilities apply, as this will vary from organisation to organisation.

Post 12 weeks:

After a 12 week period from the 1st October agency workers will be entitled to pay equal to a directly employed worker. In many cases the rate you start on will encompass these entitlements from Day 1. Entitlements under "pay" may include but are not limited to the following:
 

• Hourly/daily rate
• Payment for shift/overtime/night work
• Bonus or commission payments related to individual performance
• Annual leave entitlement
• Working time (e.g. an employee can work a maximum of 35 hours per week)
• Vouchers that have a monetary value (e.g. eye care, luncheon vouchers)
• Paid time off for ante-natal appointments for pregnant workers
• Rest breaks

These rights apply to all agency workers employed under PAYE and Ltd company contracts. The only exception is those workers who are genuinely in business on their own account. Entitlements will be assessed and communicated on a case by case basis.

Out of scope:

Certain core contractual benefits are excluded from the AWR. These include:

• Pension
• Redundancy pay
• Company sick, maternity and paternity pay
• Benefits in kind that are not related to pay e.g. reduced gym membership, private healthcare, discounted goods from a company shop
• Bonus related to company performance
• Vouchers that are part of a salary sacrifice scheme (e.g. childcare vouchers)