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Agency Workers Regulations (AWR)

18 Jun 2015

Agency Workers Regulations

Each month, we mail all schools who have made use of our service, a summary of all assignments that occurred in the preceding 6 weeks. Occasionally, we are asked why. The answer is simple, The Agency Workers Regulations (AWR); the explanation, not so.


On the 1 October 2011, the Agency Workers Regulations (AWR) was enshrined in UK law and gave agency workers the right to equal treatment in terms of the same basic working and employment conditions as they would have been entitled to had they been recruited directly by the hirer to do the same job.

These rights commence after the agency worker has worked in the same role for 12 calendar weeks with the same hirer, irrespective of the working pattern (e.g. full time or part time). It is also irrespective of which or how many agencies supplied the agency worker to do the same role at the hirer.

A new qualifying period will begin only if there is a break of more than six weeks between assignments in the same role (except in certain limited circumstances).

Day One rights.

There are two rights to which agency workers are entitled to from the first day of an assignment and are the responsibility of the hirer.

Hirers must inform agency workers of existing vacancies in their organisation. Hirers do not have to actively seek out each agency worker and tell them individually of the vacancies but they must ensure that they have the same access to information about vacancies as other workers.

Agency workers will also be entitled to access collective on-site facilities such as crèche and childcare facilities, canteen facilities, car parking and the provision of transport services. However, access to facilities can be refused if there are ‘objective grounds’ for doing so. In practice this means that if there is a waiting list for childcare facilities or a car park space, an agency worker is not automatically entitled to a place but can be subject to the same criteria to access the facility as someone directly recruited by the hirer. ‘Amenities’ such as subsidised gym membership and season ticket loans are out of scope as they are considered to be a reflection of the long term relationship between an employee and a hirer which will not be appropriate for agency workers.

Week 13 Rights

A qualifying agency worker is entitled to the same basic working and employment conditions as a worker recruited directly by a hirer. The same basic working and employment conditions relate to:
•    pay;
•    duration of working time;
•    night work;
•    rest periods;
•    rest breaks; and
•    annual leave.

Should you wish to gain further information into the AWR, do not hesitate to make contact with ESL.

Committed to safeguarding and promoting the welfare of children and young people and expects all team members to share in and support this commitment.

Committed to Equal Opportunities in Employment and positively welcome your application irrespective of your gender, race, disability, colour, ethnic or national origin, marital status, religion or age.