Agency Workers Regulations - Illustrative Practical Scenario

Meet Suzy Que

Suzy Que is 26 years of age; she lives in London, has been married for just over three years and has no dependants.

Suzy works as a Temporary Agency Worker in various industries and by using Suzy as an example, we will work through various examples in order to illustrate the potential practical consequence of the Agency Workers Regulations (AWR).

Suzy Scenario #1: Adapting to the AWR

Suzy has recently secured a temporary job through a recruitment agency as a general office assistant for three days per week. She starts on the 19th September 2011 and will be working for Multilever.

Suzy’s contract is for a period of 6 months and will be paid a gross hourly rate of £10.00 The recruitment agency uses 1st Contact Umbrella for the payroll needs of their temporary agency workers (temps).

In or Out of the Scope of the AWR

Suzy would like to know if and how the AWR will affect her when she starts her new role.
The recruitment agency has advised Suzy that she falls in the scope of the AWR because of the following reasons:

She is employed on a temporary basis;
She is not in business on her own account;
She has secured her position through the recruitment agency;
The recruitment agency uses 1st Contact Umbrella for Suzy’s administrative, tax and insurance needs.

Access to Facilities and Job Vacancies

Knowing that Suzy falls within the scope if the AWR, the recruitment agency has advised the hirer that they are to include in the induction of Suzy what facilities the Hirer offers to their permanent staff and also how the Hirer notifies permanent staff of relevant job vacancies that would be available to a comparable employee or worker.
This will be applicable for the first 12 weeks of her assignment. This Hirer has an office canteen, a staff common room, toilet and shower facilities and loan services. The Hirer posts new vacancies on the Notice Board in the staff common room.

Communication

All of the above will be communicated to Suzy and she know that after 12 weeks of working for Multilever she will be entitled to receive the same rights as her colleagues employed on a permanent basis.
The recruitment agency and the Hirer will discuss Suzy’s pre and post 12 week status so that Suzy is kept informed as to her rights throughout the duration of her assignment. The recruitment agency will relay to 1st Contact Umbrella what has been negotiated in respect of Suzy’s pay.

Suzy Scenario #2: Calculating the 12 weeks

Suzy has been working for Multilever since the 19th September 2011 and would like to know how to calculate her 12 week period.

AWR – Not Retrospective

The recruitment agency advises Suzy that although she started work on the 19th September 2011, the 12 weeks will only start to accrue from the 1st October 2011 as the AWR are not retrospective.

Calculation of 12 Weeks

Suzy is also concerned that because she only works for three days a week that it will take a while before the 12 weeks add up. The recruitment agency reassures Suzy that a calendar week in the context of the regulations will comprise of any period of seven days starting with the first day of an assignment and that calendar weeks will accrue regardless of how many hours or days she works on a weekly basis. Therefore, if Suzy works for only three days a week, she will be entitled to equal treatment after 12 calendar weeks. The Regulations set out that the qualification for equal basic terms and conditions is dependent on 12 calendar weeks of service in the same role with the same hirer (as opposed to with the same agency).

Falling Sick within the assignment period

Suzy has been working for Multilever for a period of 6 weeks and has fallen ill with laryngitis. She is concerned that if she is away from work for a week or two that she will have to start the calculation of the 12 weeks from scratch. The recruitment agency reassures Suzy that the 12 weeks will be paused for the time that she is ill and when she returns to work, she will continue to calculate the 12 weeks from the 4 weeks she has worked from the 1st of October 2011.

If however the laryngitis gets worse and Suzy is unable to work for a longer period of time, Suzy will have the advantage of a 28 week pause before the 12 weeks will be calculated from the beginning again .

Breaks in the Assignment

If there is a break in Suzy’s assignment as a result of annual leave, shut downs and industrial action, there will be a pause in the calculation of the 12 weeks.

New Job, Same Hirer

Suzy has seen on the notice board in the staff common room that there is a job vacancy for a position as a manager on a temporary basis as the current manager will be going on maternity leave in three months’ time. Suzy is interested in the position and asks the recruitment agency whether she will have to start the calculation of the 12 week period again if she takes the position. The recruitment agency advises Suzy that a new qualifying period will only begin if the new assignment with Multilever is substantively different and/or there has been a minimum of six weeks break between the two assignments.