AWR: the first impact figures

The Agency Workers Regulations (AWR) have been in place for a couple of months now so we are able to start looking at the impact they are having on the sector.

The REC launched AWR Monitor at the same time the Regulations were implemented. Along with other REC members, we’ve been feeding our data into it, and the first monthly snapshot has now been produced.

The good news is that the demand for temporary staff remained relatively strong – temporary and contract staff billings increased in October at a similar pace of growth to that shown the previous month.

Demand was strong for both temporary and contract staff in engineering and construction, blue collar, IT and computing, secretarial and clerical, and for medical staff.

More than eight in 10 employers were planning to maintain or increase the number of temporary staff in both the short and longer term while just three per cent were planning to substantially decrease their numbers within the coming three months.
This is obviously good news for those who are career temps and have been concerned that demand for their services would fall in light of the new rules.

And it’s also cause for celebration for those who are using temporary, interim or contract work as a route back to longer term employment. The knock on is, of course, that those people are working rather than becoming another addition to the unemployment figures. It’s good to see that 84 per cent of people believe, as we do, that more needs to be done to support the use of flexible working as a bridge into employment.

* We are still working with clients and contacts to ensure the correct processes are in place to be compliant with the Regulations.
Do get in touch if you’d like more information about how we can help.

AWR – a month on

The Agency Workers Regulations are now part of employment law. The regulations have been talked about for the last couple of years and we’ve been working with clients for much of that time to ensure the necessary processes are in place.

In short, the regulations bring the terms of pay and basic working conditions for temporary agency workers in line with comparable permanent members of staff.

Some of that entitlement has already kicked in.

So, if you offer permanent staff collective facilities such as access to a canteen and child care facilities, temporary staff doing the same job also need to be given that access. However, if there is, for instance, a waiting list for child care facilities, temporary staff only need adding to that list – they don’t jump the queue. And if say gym membership is part of the deal but it takes four weeks to organise and the temp is only going to be with you for a week it’s reasonable not to worry about it.

The next date for the calendar is December 24. That’s the 12 week mark from the introduction of the regulations when other benefits such as holiday entitlement start.

Of course this will be a rolling process as temps come and go.

If you’re still unsure where your responsibilities lie for the implementation of the regulations please get in touch. They can’t be ignored!

Agency Workers Regulations

Tomorrow’s date October 1, 2011 has been looming over us as recruiters for a long time. It’s deadline day for the introduction of the Agency Workers Regulations – a day we’ve been preparing for for around two years.

Yet still there are some companies, mainly small to medium sized ones, which haven’t taken steps to ensure compliance. This may be a ‘head in the sand’ tactic or it may be that they’re not aware it will affect them. But it will.

Every company which uses temporary staff needs to be aware of the legislation and have a policy of implementation.

In short, the AWR brings the terms of basic working and employment condition for temporary agency workers in line with comparable permanent members of staff. Some of their entitlements kick in from day one – such as access to collective facilities and amenities, for instance canteens and child care facilities. Others such as holiday entitlement start after 12 weeks.

The reality is that the majority of temporary staff, who provide a hugely valuable service, are already well treated and rewarded. The regulations will simply provide a safety net.

Like many agencies, we have invested a substantial amount of time and effort in preparing for the implementation and helping our clients prepare. We hope those efforts will help inspire confidence among our clients.

For those who haven’t yet sought advice or help, it’s not too late – in fact it’s a necessity to avoid falling foul of the legislation and potentially facing legal action.

We can provide a free assessment of your situation to ensure you have all the necessary processes in place – please get in touch.

AWR podcast part 2

The Guidelines for the AWR, drawn up by the Government, run to 49 pages. Employment law expert Martin Bloom talked through those guidelines and gave further examples of how the Regulations may be interpreted at our employment law briefing.

He made the point that there are many caveats, inclusions and exclusions and that, in some cases, definitive answers will only emerge when the regulations are tested at tribunal level.

This podcast was recorded during Martin’s presentation at the employment law seminar and gives further information on calculating the 12 week qualifying period, the definitions of pay and compliance information.

CLICK TO LISTEN TO PODCAST

Will the AWR affect your business?

The Agency Workers Regulations will affect your business if you have a tripart arrangement with an agency to supply temporary staff. If that three-way agreement - where a worker is hired through an agency by a business – isn’t in place then the Regulations won’t affect your business.

If that agreement does exist, the Regulations WILL affect your business and you need to ensure you are up to speed with exactly what that will mean when they come into force on October 1.

In this podcast – recorded at our employment law briefing - employment law expert Martin Bloom of Hegarty LLP Solicitors explains the importance of comparable employees, the rights the Regulations will give temporary staff and from when, and where the liability lies.

CLICK TO LISTEN TO PODCAST

Breakfast Seminar - AWR

There was a barrage of questions at the end of this morning’s Employment Law Briefing – always a good sign I think!

The topic was the Agency Workers Regulations with the presentation delivered by the incredibly knowledgeable Martin Bloom, employment law partner at Hegarty’s, our joint hosts of the briefing.

He covered the main points of the Regulations which sparked interesting discussions during the break and very pertinent questions at the end of the session.

The Regulations are aimed at bringing the terms of basic working and employment conditions for temporary agency workers in line with comparable permanent members of staff. But there are many caveats, inclusions and exclusions and very little in the way of definitive answers – many of which will only come when the regulations are tested at tribunal level.

Martin has studied the 49 page Government guidelines document at length and, using his experience as an employment tribunal judge, interpreted the regulations both legally – and morally – for delegates.

For instance: after 12 weeks in the same temporary role, working through an agency, a worker will be entitled to the same basic working and employment conditions.
However – from day one they are entitled to access collective facilities and amenities including things like canteens, child care facilities or transport services.

One delegate raised the question of gym membership – offered to all employees. Martin was clear that the Regulations state gym membership should, in that instance, be offered to temporary agency workers. However, the company could argue that the cost of doing that for workers who may only be in post for a matter of days or weeks is an ‘objective justification’ not to.

On the other hand, there was the delegate whose employees are always given a Christmas gift. Although this isn’t in their contract, because it has happened for a number of years it has become a recognised ‘benefit’. Therefore, Martin explained, temporary agency staff would also be entitled to a gift.

We have been working with our trade association and experts like Martin for around two years to ensure we are not only fully briefed and prepared to implement the Regulations but also in a position to discuss compliance with our clients. The process is continuing with us working closely with businesses, on site, to deliver free Impact Assessments – feel free to contact us to find out more about that service.

We’ll be uploading podcasts of Martin’s presentations and more information over the coming weeks so keep in touch.