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.

Agency Workers Regulations

There are just four months to go before the Agency Workers Regulations come into force in October. And our seminar on that subject is less than three weeks away.

There is no doubt this is going to prove a landmark law change for recruiters and it is vital that both us – and HR departments – understand exactly what is needed to ensure compliance.

The seminar has been designed – along with the employment law experts at Hegarty LLP Solicitor – to ensure delegates leave with a comprehensive knowledge of the regulations and also hints and tips as to how current processes can be tweaked to ensure all requirements are met.

The main speaker will be Hegarty’s Martin Bloom whose presentation slides will be available in the form of a handout.

For more information about the breakfast seminar – taking place on June 9 – or how to access the presentation after the event please get in touch with us.

Agency workers regulations seminar date announced

The draft Agency Workers Regulations guidance has been published today (Thursday, March 31)

We, along with many others in the sector and our governing body the Recruitment and Employment Confederation, will be examining the details over the next few days in order to submit a response in the two week consultation period that has now begun.

The deadline for compliance is now just six months away and we’re in the midst of working with clients, developing Impact Assessments to form a basis for building a strategy to deal with the change in regulations.

These conversations – and the newly published guidance – will be the starting point for the presentations at our AWR special employment law seminar – now in the diary for Thursday, June 9.

The main speaker will, as usual, be Hegarty LLP partner and employment law expert Martin Bloom. He’ll be going over in detail the things businesses need to be aware of and providing hints and tips as to how processes can be tweaked to ensure all requirements are met.

To pre register your interest in place at the seminar please get in touch.

AWR: Impact Assessment

We have stepped up our initiative to help clients introduce the necessary measures to ensure compliance with the Agency Workers’ Regulations – set to be fully implemented this October.

Demand for information about the Regulations – and how they will affect individual businesses – has been high.

Our recruitment partner Karen Dykes has been working closely with our industry body the Recruitment and Employment Confederation (REC) to make sure the information we have is the most up to date possible.

The regulations are far-reaching affecting the pay and some benefits of workers on assignment with the same company for more than 12 weeks. But while they include a lot of detail, there are exclusions too – some of which are still being ironed out.

Through Karen – and our close relationship with the experts at the REC – we have been able to help many businesses understand more about the Regulations.

Now we’re offering to work with each employer to produce an Impact Assessment. This will not only answer specific questions and resolve issues but will help plan each businesses’ strategy for ensuring procedures are place, staff are briefed and compliance is assured. Each assessment will be bespoke and take into account the businesses’ reliance on temporary staff.

The Regulations stipulate that it is, ultimately, the recruitment agency’s job to ensure a worker receives the pay and benefits they are entitled to. But the help of the client is imperative. So joined up thinking is vital to ensure agencies maintain their reputations and businesses remain employers of choice among temporary staff.

Businesses interested in finding out more about our tailor-made Impact Assessment should call us on 01733 319888 or email.

How was 2010 for you?

December’s rolling quickly towards Christmas and that means the end of the year is fast approaching too. I’m not sure it’ll be marked down in the history books as a good year but 2010 probably just avoided reaching ‘annus horribils’ status.

Let’s be honest, after the disaster that was 2009, 2010 didn’t have to deliver much to be an improvement.

After the pre-election waiting game, the second part of the year began with news of huge public sector cuts and no definitive answer as to how drastic the impact would be on the private sector and the economy as a whole.

We’ve spent the year concentrating on what we do best – matching clients with candidates, candidates with roles, and providing the added value we’re so proud of.

We’ve once again taken a leading role in ensuring local businesses are preparing adequately for the deadline for the introduction of the Agency Workers Regulations next October. Our on-going relationship with the REC has helped enormously and we were delighted to welcome the REC’s director of external relations Tom Hadley to speak at a one-off seminar about the regulations in the summer.

Around 200 of Peterborough’s most high profile business people attended our annual Breakfast Law Briefing to hear about the new Equality Act in September.

This year’s annual Salary Survey produced some interesting results – showing an average two per cent increase in wages over the past 12 months. After a 3.6 per cent downturn the previous year that was good news.

Our student sponsorship continued, as did our support for both the Peterborough and Stamford business awards – perfect opportunities to recognise business of all sizes and types and their input into the city’s economy.

The environment has been at the top of our agenda throughout the year. We have given presentations and provided blueprints to other commercial organisations explaining how to move towards becoming a paperless office. Our investment in that side of the business has continued with more and more of our systems integrated.

Overall, for us as a business, it’s been a good year with plenty of positives to look back on. That’s reflected in the fact there’ll be two new members of staff at our 2010 Christmas party. Charlotte and Suzi have both joined the team in the last few months and we’re looking forward to showing them the importance of playing hard as well as working hard!

So, may I take this opportunity to wish you all a peaceful Christmas and, of course, a prosperous new year.

Agency Workers Regulations: do we have to provide temps with car parking spaces?

* Guest blog from Nel Woolcott, Recruitment Partner

I’m still wading through the comprehensive notes I made following our Breakfast Law Briefing where Tom Hadley, director of external communications for the REC spoke.

His presentation on the Agency Workers Regulations was excellent – he was obviously incredibly knowledgeable, and very passionate, about his subject.

He shared some very interesting points and valuable insights.

He has been involved in high level discussions about the finer points of the Regulations which will be in place by October 2011.

The Regulations overall say that, after a 12 week assignment, temporary workers must receive comparable pay and benefits to a permanent employee doing the same job.
It’s the ‘benefits’ part of that which could be the most challenging part for employers to manage.

According to Tom the discussions and feedback they have had is that generally it is felt temporary staff won’t quibble over the odd few pennies an hour difference in their salary to that of employed staff.

“It’s collective facilities which can become a big issue, things like access to the canteen, on-site gym or car park,” Tom told our seminar.

Generally, the regulations will give temps the right to enjoy those perks, if staff do. But there is a ‘get out’ clause for employers. If the number of car park spaces is restricted or the gym is very small for instance employers won’t be obliged to offer the facility to temp workers.

It is those kinds of issues which we will be discussing with our clients before the cut off date of October 2011 to ensure they have a transparent policy in place.

And now you can listen too….

We’ve worked with Martin Bloom from Hegarty LLP Solicitors over a number of years. He’s incredibly knowledgeable when it comes to employment law and a popular presenter at our regular Employment Law Briefings.

Martin was one of the key speakers at our latest Seminar on the subject of the Agency Workers Regulations, giving an in depth look at the way the Regulations are likely to be interpreted on a legal platform.

Martin’s insight was, as ever, thought provoking and invaluable.

For those who couldn’t write quickly enough to take note of everything Martin said, and those who weren’t able to attend, please click here to listen to the podcast of Martin’s speech.

Agency Workers Regulations: reassurance from REC

An early start for us all – but what a worthwhile one!

We welcomed Tom Hadley, Director of External Relations at the Recruitment and Employment Confederation, to talk to around 80 HR professionals from Peterborough businesses about the Agency Workers Regulations in October 2011.

The breakfast seminar was held in conjunction with Hegarty LLP solicitors with their employment law expert Martin Bloom giving a comprehensive overview of where companies are going to stand legally.

Tom then talked through the history of the introduction of the regulations right through to the lobbying that the REC did in the run up to the election.

After a spell of inactivity during the election campaign, the new coalition Government is now engaged in pinpointing the finer details of the regulations – and Tom and the REC are involved in those discussions.

Tom was keen to emphasise the reality of the new legislation. “Employers must remember that fundamentally a lot of things are going to remain the same. You can take on temporary workers when you need them and get rid of them when you want to.
“We are also pleased that about 70 per cent of what we have pushed for has been accepted as part of the regulations.”

We were pleased to hear Tom highlight the part agencies like ours will play over the coming months. It was also reassuring to hear him say that he felt the temporary market wouldn’t suffer despite the introduction of the regulations – one of the biggest industry fears.

Agency Workers Regulations

The Agency Workers Regulations have been on our radar for well over 18 months.

We’ve been working closely with our industry regulator the Recruitment and Employment Confederation to ensure we are fully versed with the regulations, what it’s going to mean for us and our clients and how we can remain compliant and help clients to be as well.

As a result of the relationship we have built up, the REC’s director of external relations Tom Hadley has agreed to come and speak at a special employment law briefing we’ve arranged with Hegarty LLP Solicitors.

This is a fantastic opportunity for HR professionals from Greater Peterborough to engage with a heavy weight industry expert – Tom is well known and respected across the country.

He’s going to discuss the practical and legal implications of the introduction of the regulations on employers and, hopefully, will have time to take some questions too.

Hegarty’s employment expert Martin Bloom will also be presenting at the event later this month, offering a legal spin on the introduction of the regulations.

We’ve always taken the REC stand – that these regulations, which will be enforced from October 2011, are likely to have far reaching implications on the demand for temporary workers. Our objective now is to help make their introduction as smooth as possible for clients.