This means that even a single hour’s assignment is enough to give the worker a week of qualifying service. (5) For the purposes of this regulation and regulations 8 and 9, when calculating whether any weeks completed with a particular hirer are continuous, where—. HR Business Partner They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. You ask about the benefits which employees receive that you will not be entitled to. The simple answer is they can’t. The 12 week qualifying period is determined by time spent at the Hirer’s site. This will allow the hirer to decide whether or not to continue with the engagement, before the increased charge kicks in. any continuous weeks during which the agency worker worked for that hirer before the break shall be carried forward and treated as continuous with any weeks during which the agency worker works for that hirer after the break. Fact: Potentially this is true but in reality just how feasible is it to keep providing different candidates to the hirer every 11-12 weeks for the same assignment. Your browser does not allow automatic adding of bookmarks. (4) For the purposes of this regulation and regulation 10, any week during the whole or part of which an agency worker works during an assignment is counted as a calendar week. Employee Benefits Awards The following examples may help to illustrate how they are likely to work. is unable to continue working for a reason described in paragraph (8)(c) or (8)(d)(i), (ii) or (iii), an assignment ends on grounds which are maternity grounds within the meaning of section 68A of the 1996 Act, and. As stated above, the qualifying period is broken if there is a six week break or more between assignments. Below are some of the common misconceptions contractors have whilst using an Umbrella Company and the actual truth behind the myths. OH&W subscription terms. Diversity & Inclusion With the flexibility That said, this does not affect statutory pay (if qualified). An agency worker can complete the qualifying period over the course of a number of assignments with a variety of agencies. Employee Relations Result: When the second assignment is completed, the worker will be deemed to have completed the qualifying period after having completed 12 weeks’ work – and will be due an appropriate level of pay for the remaining eight weeks. This means that a hirer cannot move an agency worker around an organisation and argue later that this amounted to a number of different roles with no continuity between them. We understand you might have lots of questions, so why not give one of our friendly experts a call on 01206 591 000. Advertising specifications These rights are the responsibility of the hirer and the hirer alone. (c)the agency worker returns to work in the same role with the same hirer. RSS feeds The second type of right relates to the terms and conditions on which the agency worker is engaged and is more complicated. An agency worker may be on several assignments at once, either with the same agency or with a number of them, and either with the same hirer or with several hirers. -Annual leave, pauses the clock  Learning & Development (a)the agency worker has started working during an assignment, and there is a break, either between assignments or during an assignment, when the agency worker is not working, (b)paragraph (8) applies to that break, and. It’s difficult enough finding one suitable candidate, let alone 4 in a year! Occupational Health In order for the qualifying period to be re-set the new role must be substantively different. (h)wholly due to more than one of the reasons listed in sub-paragraphs (b), (c), (d), (e), (f) or (g). Cookies policy Explore thousands of up-to-date resources that will help you increase your productivity, build your confidence in HR decisions and deliver on your business strategies. Another example would be if the hirer has 50 employees but only 10 parking spaces available, the agency worker would not be entitled to a space. Not only must the work be substantively different, but, on a change of role, the agency must inform the agency worker in writing of the type of work that he or she will be required to do in the new role. If a worker is moved to a new role with the hirer, this will break continuity only if the work or duties that make up that role are “substantively different” from the work and duties making up the previous role. The Swedish Derogation Model means that the workers are employed by the umbrella company under a full contract of employment. Health & Safety All Rights Reserved. Fact: No. It is however, the agency’s responsibility to gain confirmation from the client that the day 1 provisions will be met. However, this “equality right” applies only where the agency worker has completed the 12-week qualifying period. The individual will still be considered within the scope of the legislation. Although workers who are genuinely in business on their own account will not be covered, the scope of the Regulations is very wide and designed to ensure that parties cannot avoid their effect simply by the way in which the relationships between the hirer, agencies and individual workers are structured. There are, however, anti-avoidance provisions within the Regulations to prevent assignments being … The guidance (PDF format, 330K) on the Regulations issued by the Department for Business, Innovation and Skills (BIS) (on the BIS website) lists a number of factors that may be considered in deciding whether or not the work or duties are substantively different, namely whether or not: However, while these factors may to some extent be taken into account, it is important that employers do not lose sight of the simple fact that what matters is whether or not the work or duties are substantively different. Talent Management An agency worker in these circumstances will be deemed to be continuing to work in that role for the hirer for the original intended duration of the assignment, or its likely duration, whichever is the longer. different skills and competencies are used; the work is in a different location or cost centre; the role involves using different equipment. (12) Time spent by an agency worker working during an assignment before 1st October 2011 does not count for the purposes of this regulation. What matters is that for the duration of the 12 weeks, the worker is engaged in the same role with the same hirer. Any week during the whole or part of which the agency worker works during an assignment is counted as a full calendar week. - Shut downs – e.g. The 12 week qualifying period is determined by time spent at the Hirer’s site. The agency worker is entitled to be treated no less favourably than a comparable worker employed by the hirer in relation to access to collective facilities and amenities offered by the hirer. The benefits to recruitment agencies of working with Umbrella Companies. The first type of right applies from day one of any assignment and relates to the way in which the worker is treated by the hirer. This is the original version (as it was originally made). the agency worker returns to work in the same role with the same hirer, started working in a role during an assignment, and. if required to do so by the temporary work agency, the agency worker has provided such written medical evidence as may reasonably be required. VAT Number 780351338. Fact: No. Whenever she has been on a particular role for 11 weeks, she is moved to a brand new role and told that she is now at the beginning of a new qualifying period.Result: Once the agency worker embarks on the third role she will be deemed to have completed the qualifying period after the first week in the second role, as the reason she has been moved around is that the hirer is trying to avoid her acquiring that right. Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. It is also worth noting that if a worker is taken on for a third assignment with the same hirer, after two 12 week assignments with 6 week breaks in-between, it could be considered as a deliberate attempt to avoid completion of the qualifying period. “If the arrangements do not reflect the reality of the relationship (e.g. where the agency worker has completed two or more assignments with the hirer; where the agency worker has completed one assignment with one hirer and another assignment with a “connected” hirer, ie associated employers where one has control of the other or both are controlled by a third party; or. Calculating the 12 week qualifying period _____ 19 Accrual of 12 week qualifying period_____ 19 . Myth: Will the 12 week qualifying period start when the worker signs up with the Recuiter? for any reason and the break is not more than six calendar weeks; wholly due to the fact that the agency worker is incapable of working in consequence of sickness or injury, and the requirements of paragraph (9) are satisfied; related to pregnancy, childbirth or maternity and is at a time in a protected period; wholly for the purpose of taking time off or leave, whether statutory or contractual, to which the agency worker is otherwise entitled which is—. Fact: No. The worker will still be inside the scope of the AWR and will still have the same entitlement to basic terms and conditions of employment as permanent workers at the hirer’s site. Dependent on the legislation item being viewed this may include: Use this menu to access essential accompanying documents and information for this legislation item. The legislation is designed to ensure equality for temporary agency workers; permanent workers are protected by other quality laws. However, it is not backdated to before 1 October 2011, when the Regulations came into force. Employment Law Example: A hirer values the work of a particular agency worker but does not want her to be paid as much as employees. Assignments could be structured so that the agency worker works for a period of less than 12 weeks and there is then a six week break before they start another assignment with the same hirer.