WHAT IS THE AWR 2010

The AWR’s were introduced to provide Temporary Agency Workers (“Agency Workers”) with
entitlement to certain additional employment rights.

From day one of an assignment, Agency Workers have a right to:

• equal access to collective facilities provided by the hirer (such as canteens, staff rooms, toilet and shower facilities); and
• information about, and the opportunity to apply for, vacancies in the hirer’s workplace.

After 12 weeks (the ‘qualifying period’) in the same role with the same hirer, Agency Workers have the right to:

• equal treatment on pay, holidays and working time; and
• improved pregnancy rights.

These rights only apply to Agency workers. They do not apply to those seeking permanent work through an agency, nor do they apply to the genuinely self-employed who are running their own business.

Whitehall have responded to this change by introducing a policy to ensure fair, consistent and simplified practices when Whitehall are engaging with and supplying Agency Workers to hirers (“Clients”) to work on assignments. All references to Client herein shall include hirer and/or end user (in the event that hirer/end user differ from the Client).

WHITEHALL RESOURCES’ AWR POLICY

Who must comply with this policy?
This AWR Policy applies to all Clients of Whitehall who accept supply from Whitehall of Agency Workers to work on Client assignments.

In Whitehall’s day to day business, the AWR are only likely to be applicable to Whitehall and Whitehall Clients when Whitehall are engaging with and supplying contractors to Client’s via an intermediary (i.e. an Umbrella). In this scenario, the contractor will be classified as an Agency Worker.

Client obligations

Where the AWR applies to an assignment, Client warrants that it will:

1. from the start of assignment, provide Agency Worker with:
   • information about relevant vacant posts with Client; and
   • save where objectively justifiable, access to any and all collective facilities and amenities, in the same manner as if Agency Worker were a direct worker or employee of Client.
2. Upon request from Whitehall, Client undertakes to provide (without delay) accurate information about the working and employment conditions applicable to Client whether by contract or collective agreement or otherwise and shall include subsequent variations thereto, that relate to Client’s employees and direct workers including (without limitation):

• • standard terms and conditions that apply to its employees and those that apply to its workers;
  • details relating to the application and calculation of, pay scales, bonuses, commission, overtime, shift allowance, unsocial hours allowance, hazardous duties, holiday pay, other related emoluments;
  • entitlements relating to annual leave, night work, rest periods, rest breaks;
  • benefits of monetary value including, without limitation, vouchers and stamps; and
  • any other information as may be required by Whitehall to comply with the AWR.

 

3. Where the AWR applies to assignment, Client agrees that it will, upon request from Whitehall and without delay, provide accurate details relating to the working and employment conditions (as defined within regulation 5(2) and regulation 6 of the AWR) of Client’s workers/employees who undertake the same or broadly similar work as that of Agency Worker during assignment.

4. Where the AWR applies to assignment and where applicable pursuant to information obtained under 3. above, Client will apply the same or similar process as applied to assess Pay that is directly attributable to the amount or quality of the work done by Agency Worker. For the purposes of this clause “Pay” means as defined in regulation 6(2) of the AWR.

5. Where the AWR applies to assignment and Agency Worker is pregnant, Client acknowledges and agrees that, following the Qualifying Period, Client will permit Agency Worker time off to attend ante-natal medical appointments and ante-natal classes. Where such time off to attend ante-natal medical appointments/classes falls within the normal working periods of Agency Worker during assignment, Client agrees to pay Whitehall’s charges, in accordance
with the agreed Terms, for such periods whether by inclusion on a timesheet or otherwise.

6. Where the AWR applies to assignment, Client acknowledges and agrees that, following the Qualifying Period and where Agency Worker is unable to continue to provide some or all of the Services on maternity grounds due to reasons of health and safety, Client will undertake to make such reasonable adjustments as are necessary to allow Agency Worker to continue providing Services for the duration of assignment. For the avoidance of doubt, such reasonable adjustments will include provision of alternative work on terms no less favourable
than those applicable during assignment.

7. Client undertakes and agrees to immediately notify Whitehall where an Agency Worker has worked for Client in the same or similar role as assignment where, prior to the planned commencement of assignment, such role is within the Qualifying Period.

8. Client warrants and undertakes that Client will not, seek to deny Agency Worker’s entitlement to rights under the AWR by virtue of the structure of assignments and shall at all times comply with regulation 9 of the AWR.
Note: This content is provided as general background information and sets out our policy. It should not be taken as legal advice. This policy is reviewed annually and updated when needed.