AWR Guidance
The new regulations derive from European legislation designed to give temporary agency workers parity in pay and employment conditions as they would have been entitled to had they been recruited by the hirer (School etc) directly to do the same job. This means the agency worker needs be engaged for 12 weeks’ of service with the same school, in the same type of role, in order to qualify.
Will agency workers be entitled to the same rights and benefits of employees?
- The new regulations will not change the employment status of agency workers who will still not have the rights to claim unfair dismissal, redundancy pay or maternity/paternity leave.
- Nor will agency workers be entitled to the same benefits such as occupational sick pay and pension schemes.
- Agency workers will therefore remain a flexible labour resource for schools.
What will the agency worker be entitled to after 12 weeks?
- Agency workers will be entitled to the same basic pay and working conditions.
- Agency workers will also be entitled to the same rest breaks etc.
- You should also ensure that agency workers are made aware of vacancies that arise in your organisation.
- They are also be entitled to access a number of collective facilities including crèche and childcare facilities and canteen facilities.
How will the 12 week qualifying period / clock work?
- The provisions will apply after the worker has been engaged for 12 weeks regardless of their working pattern (e.g. full time or part time – even if they work just half a day per week for 12 weeks through different agencies)
- A new qualifying period will only begin if a new assignment with the same hirer is substantively different i.e being employed as a teaching assistant instead of a teacher.
- or if there is a break of more than six weeks between assignments in the same type of role.
- The 12 weeks qualifying period can be paused if the worker takes certified sick leave or takes time off for public duties and will also pause during half term breaks.
