For the first 12 weeks of an assignment, the Working Time Regulations grant statutory holiday allowance of 28 days
(5.6 weeks) paid holiday per annum including bank holidays. After 12 weeks, the Agency Workers Regulations apply
(from the start of the 13th week) and holiday entitlement may remain the same or increase (if a hirer offers more holidays to its comparable workers) as detailed in the Assignment Schedule issued at the beginning of the assignment.
Agency Workers Regulations 1st October 2011 (AWR)
Overview - temporary workers have the right to equal treatment regarding pay, holidays and working conditions after completing a 12 week qualifying period with a hirer. The employment status of agency workers under a ‘Contract for Services’ does not change and there is no right to claim unfair dismissal and redundancy pay against a hirer. Compliance with the AWR lies with the Client and the Agency and is enforced through a worker's claim to an employment tribunal and is not retrospective.
Applies to - PAYE agency temps or Umbrella company employees. If a worker is self-employed and a Director of their own Ltd. Co. with the correct form of contract in place, then the AWR will not apply. No Opt-Out exists.
Means - equal treatment i.e. temporary worker is entitled to the same ‘relevant terms and conditions’ as a ‘comparable employee' of the client in respect of pay, holidays and working conditions.
Day One Rights - give agency workers the same access to certain facilities provided by the client and information on
job vacancies as the hirer’s comparable permanent workers from the first day of assignment. An agency worker has the right to be treated no less favourably than a comparable employee doing the same or similar job for the client in relation to information about vacancies.
An agency worker also has the right to be treated no less favourably in relation to collective facilities and amenities, such as a canteen or refreshments, access to childcare facilities, car parks and transport services.
However, clients can justify less favourable treatment on objective grounds, for example if the hirer is seeking to achieve a genuine business objective and the treatment is a necessary and appropriate way of achieving that objective. Cost may be one factor taken into account but practical and organisational factors will also be considered.
The client is responsible for providing equal treatment for Day One Rights.
12 Week Rights - after 12 weeks in the same job, agency workers are entitled to receive the same basic employment and working conditions as permanent employees including those detailed below. The 12 week qualifying period applies even if the worker has been supplied by two different agencies over that 12 week period. Rights include;
basic pay, including holiday pay, overtime and bonuses linked to your performance
working time – not having to work 48+ hours pw if comparable workers don’t have to
annual leave - you may get extra pay to cover this if it’s above your legal entitlement
rest breaks and rest periods
paid time off for antenatal appointments
Rights are based on a "comparable worker" - i.e. a direct recruit of the hirer doing the same job at the same time.