The Agency Workers Regulations 2010 came into force in October 2011. It is legislation that aims to give agency workers, once a 12-week qualifying period has been completed with the same ‘hirer’, the entitlement to the same basic employment and work
Agency Worker Regulations and equal treatment
- AWR is central to Step Teachers and all recruitment businesses, and we work tirelessly to ensure candidates receive equal treatment from day 1.
- AWR is discussed at length during registration interviews including pay parity.
What is meant by ‘Agency Worker’?
An agency worker is someone who is engaged by an agency like Step Teachers and supplied to work under the supervision and direction of another business, including schools.
From Day 1 of an assignment, you are entitled to:
- Access to same facilities as an employee such as staff canteens, food and drinks machines, toilets, showers, childcare, workplace creche, car parking or transport services.
- To be informed about any job vacancies, although you may not always be eligible to apply for them
After 12 weeks on an assignment, you are entitled to either:
- Equal pay as a permanent employee doing the same job or;
- Equal treatment with permanent employees in regard to rest breaks, holiday entitlement and working time, paid time off for an ante-natal appointment.
This is determined by the ‘hirer’ which in our industry is the school. We approach the school to complete an Information Request Form to provide us with the necessary information so we can comply with the Agency Workers Regulations, and they are legality responsible for supply this information in a timely and accurate manor.
Agency worker redress?
If an agency worker felt that the school or agency had failed their obligations under AWR they would initially be invited to discuss the issue with the school and Step Teachers.
Who is liable?
The school and Step Teachers could both be liable if they have been involved in the assignment of the agency worker and would have to demonstrate that they had taken ‘reasonable step’ to provide the information required from the hirer.
Agency worker obligations
The agency worker must provide details to the agency of where they have worked in the past, the days they worked and if they have or are about to meet the 12-week qualifying period for equal treatment at a specific school.
Whilst Step Teachers maintains records of all assignments through Step Teachers, we are unable to maintain records of assignments undertaken in schools through other agencies without the overt support of the agency worker.
Request for information regarding Day 1 rights
If an agency worker believes that the right to access the client’s collective facilities and amenities, or to receive information about relevant client vacancies has been breached, the agency worker can request information directly from the client about the access facilities and vacancies which is offered to the client’s own workers. The agency worker can go directly to the client in respect of these rights without contacting the agency in the first instance.
AWR Compliance guidance for agency workers:
- Please keep a record of dates worked irrespective of which agency you were assigned through.
Alert us in the 10th qualifying week if we have not already spoken to you about qualifying for equal treatment. We can provide you with a report detailing all Step Teachers assignments.
Step Teachers track all assignments in our CRM and are fully AWR compliant, we believe in equal pay and treatment.
If you feel you have not been treated fairly regarding any aspect of AWR or equal treatment, please contact you dedicated consultant in the first instance by phone and following up email with specific details if you are still not satisfied.