10. The AWR does not apply if the contract started before 1st October 2011 Fact or fiction? Fiction – the AWR applies to all supply after 1st October 2011. It does not matter when the supply began. The weeks worked by an agency worker before this time however, do not contribute to the twelve weeks […]
AWR Myths 1-9 1. Personal Service Company (PSC) contractors are automatically outside of the scope of the AWR Fact or fiction? Fiction – an individual working through a PSC is not automatically outside the scope of the AWR. However, if the individual is ‘carrying on a business undertaking’ and is supplied under the right form […]
The Association of Recruitment Consultancies (ARC) has received a response from the Department for Education (DfE) clarifying the department’s interpretation of R.3(2) of the Agency Workers Regulations (AWR), which allows professionals to be exempted from scope of the AWR. This follows the publication of amended guidance for teachers on the 18th November and inclusion of […]
The weekly countdown to Christmas is already underway, and with it comes the annual headache of planning the staff Christmas party. With the AWR in force, hirers want to know whether or not they will have to hand out invitations to their agency workers. Under the AWR agency workers are granted equal access to […]
The Department for Education has revised its Agency Workers Regulations guidance, first issued in August 2011, to state its view that teachers cannot be outside the scope of the AWR using the professions exclusion at R.3(2). This view is made on the basis that “the relationship between hirers and agency teachers is not a ‘business […]
The Agency Workers Regulations (Northern Ireland) 2011 have now been published, completing implementation of the Agency Workers Regulations (“AWR”) across the United Kingdom. Unlike mainland UK, the Regulations will be introduced in Northern Ireland on 5th December 2011, the deadline for implementation required by the Directive. Given that the AWR represents one of the most […]
As private sector businesses explore solutions to the AWR is the public sector doing the same? No, not if the Department for Education position is an indicator, says Adrian Marlowe, chairman of the Association of Recruitment Consultancies (“ARC”). Now that the Agency Workers Regulations are in force, understandably both agencies’ and hirers’ minds are focused […]
The 1st of October 2011 saw three significant changes affecting employment relationships and the recruitment industry. The long awaited Agency Workers Regulations 2010 (“AWR”) are now in force, the National Minimum Wage has increased and we no longer have a default retirement age. For anyone who is not already fully aware of the AWR and […]
The Agency Workers (Amendment) Regulations 2011 have been published and provide for three small but important amendments to the Agency Worker Regulations 2010 (“AWR”). These amendments relate to the definition of an agency worker, the Swedish Derogation and liability provision in the AWR and have been included to correct existing drafting errors and to address […]
The Department for Education has published final guidance for the application of the Agency Workers Regulations 2010 (“AWR”) on supply teachers and other teaching and support staff. It is available by clicking here The revised guidance provides some assistance in the question of ‘who is the hirer’ although it still leaves areas of uncertainty which the […]
