Agency Workers Regulations – final guidance published

16 January 2012 |

The Department for Business, Innovation and Skills (“BIS”) published final guidance on the Agency Workers Regulations 2010 (“AWR”) in May 2011.

The AWR comes into force on 1 October 2011 and will not have retrospective effect.  This means that for workers already on assignment at this date the 12 week qualifying period for extended employment protection rights will start on 1 October 2011.

What was revised?

The revised guidance includes:

  • confirmation that, for workers engaged under a ‘pay between assignments’ contract, the exemption from equal treatment extends to holiday pay and that, therefore, the requirement to provide paid holidays is excluded, although there is still a requirement to provide equivalent unpaid annual leave.
  • correction of the definition of what is to be considered as ‘pay’ (it was confirmed that discretionary bonuses do not fall within the scope of pay but that non-contractual bonuses could constitute pay).
  • confirmation that a specific comparator is not required in order to identify basic working and employment conditions.

Resources

Amended BIS Guidance

For further information or to discuss the issues raised, please get in touch.

Disclaimer

Content is for general information purposes only. The information provided is not intended to be comprehensive and it does not constitute or contain legal or other advice. If you require assistance in relation to any issue please seek specific advice relevant to your particular circumstances. In particular, no responsibility shall be accepted by the authors or by Abbiss Cadres LLP for any losses occasioned by reliance on any content appearing on or accessible from this article. For further legal information click here.

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