The 12 Week Qualifying Period

Qualification for ‘parity’ in terms of pay and employment rights under the Agency Worker Regulations (AWR) is dependent upon an Agency Worker being on site and engaged by the Hirer (Client) for at least 12 weeks in the same role.

If you are an IT Contractor and you are confused about the Agency Worker Regulations and how they may affect you it is important to take professional advice. At Commonwealth Contractors we work organisations that specialise in working with highly skilled contactors and can advise on the Agency Worker Regulations.

To discuss your situation with an experienced advisor call Commonwealth Contractors now on 0330 390 9021 or Submit your Details and we will get right back to you!

Day 1 Rights under the Agency Worker Regulations

From Day 1 of an assignment Agency Workers must be given certain rights. Under the rules hirers of Agency Workers must ensure that workers;

  • Have access to the same facilities as directly employed individuals (including; Canteens, Common Rooms, Prayer Rooms, Waiting Rooms, the Workplace Crèche etc), AND
  • Can access Information on Client (hirer) job vacancies from day 1

Rights after 12 weeks in the same job

After an Agency Worker has completed the 12 week qualifying period (in the same job with the same hirer) the hirer must offer the worker equal treatment entitlements relating to;

  • Pay, AND
  • Other Basic Working Conditions (e.g. rest breaks, annual leave etc)

After completing the qualifying period pregnant Agency Workers are allowed to take paid time off for ante-natal appointments during an assignment.

AWR Implications

The following table details the implications of the Agency Worker Regulations for;

HIRERS (EMPLOYERS)

Hirers must;

  • Provide Temporary Work Agencies with up to date information on employment terms and conditions (in order for the Agency to ensure that the Agency Worker is receiving the same equal treatment)
  • Ensure that Agency Workers can access you facilities (i.e. canteen etc)

AGENCY WORKERS

Agency Workers get;

  • Equal treatment in respect of pay and basic working conditions after 12 weeks working in the same job for the same hirer

TEMPORARY WORK AGENCIES

Temporary Work Agencies must;

  • Ask hirers for information about pay and basic working conditions (in order to ensure that the Agency Worker is receiving the same equal treatment)

Find out More

To find out more about Commonwealth Contractors call now on 0330 390 9021 or Submit your Details and we will get right back to you!

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