Agency Worker Regulations
The Agency Workers Regulations (AWR) came into effect on the 1st October 2011. It protects temporary workers hired through an agency, or those working through an umbrella company. Contractors working through their own limited company are unaffected by AWR.
The AWR legislation ensures that any temporary worker who is working for a company after 12 weeks in the same job role, will have the same working conditions to that of a permanent employee in the same job. This includes elements such as pay, overtime rates, shift allowances, holiday entitlement and personal bonuses.
As a result, temporary workers after 12 weeks in the same role must be treated to the same terms and conditions relating to pay as a permanent member of staff.
The Amey AWR policy has been developed to reflect this and will be regularly reviewed to ensure that all temporary labour is compliant with the AWR regulations.
Further information about the ‘Agency Worker Regulations’ can be found on the gov.uk website.
Amey Group continually strives to identify and engage the most appropriate temporary resource (skills, abilities etc) in the marketplace when required. However, we must do so in line with all relevant legislation and regulations.
The regulations published by Gov.UK make it clear that all organisations engaging with temporary workers are responsible for providing comparator data to the Temporary Worker Agency (TWA). Failure to comply carries material risks for Amey, these can include:
• AWR Claims from temporary workers, resulting in recovery of underpaid pay and/or working conditions
• Additional fines for not complying with the regulations
• Exclusion from bidding and partnering with public bodies
Amey is committed to ensuring that the recruitment and selection of all temporary workers is fair, consistent and compliant, following an objective, robust, auditable and systematic process and approach. Given the breadth and nature of the activities and work packages Amey undertakes having a flexible workforce is an integral part of our operating model. This policy sets out the how we will ensure temporary labour are renumerated fairly under the Agency Worker Regulations.