Introduction

1.0 An Agency Worker, may, if he or she considers that they have not received the entitlements under R.5 of the Agency Workers Regulations 2010 as amended (“AWR”), make a request for a written statement relating to the treatment in question, in response to which a written response must be provided.

1.1 The person with overall responsibility for this policy, and to who any queries should be raised is Damien McNeaney (‘AWR Lead’).

1.2 A request under this process should be escalated to the AWR Lead in order that a written response containing all prescribed information can be provided. The AWR Lead may delegate this to an individual consultant or deal with the matter personally.

Entitlement

2.0 An individual may make a request for information provided that he or she is, at the time of the request, an Agency Worker and entitled to rights conferred under R.5 of the AWR.

2.1 An Agency Worker is determined by R.3 of the AWR as an individual who is supplied to work temporarily for and under the supervision and direction of a hirer (“Agency Worker”). There are specific exceptions with the AWR. However, in general terms, individuals who are supplied via a PAYE arrangement with us, or an umbrella company will usually be considered to be Agency Workers.

2.2 An individual who is an Agency Worker must also be entitled to rights under R.5 of the AWR, and therefore have completed a qualifying period. This qualifying period is 12 continuous calendar weeks in the same role with the same hirer during one or more assignments.

2.3 There are breaks which may pause this qualifying clock so that the 12 weeks are not necessarily continuous. These breaks are addressed within the AWR and include breaks of less than 6 weeks in duration in which services are not provided, breaks due to sickness, pregnancy or maternity, or breaks for statutory or contractual leave. The 12-week qualifying period may also include weeks worked via another agency.

2.4 Any queries regarding entitlement should be referred to the AWR Lead.

Prescribed information

3.0 The written response must include prescribed information, as set out within R.16 of the AWR.

3.1 The prescribed information is as follows:

3.1.1 the relevant information relating to the basic working and employment conditions of the hirer

3.1.2 the factors considered when determining the basic working and employment conditions which applied to the agency worker at the time when the breach of R.5 of the AWR is alleged to have taken place

3.1.3 where the hirer has indicated that R.5(3) of the AWR (comparable employees) applies information which explains the basis on which it is considered that an individual is a comparable employee, and describes the relevant terms and conditions, which apply to that employee.

3.2 The relevant information relating to the basic working and employment conditions of the hirer shall be those which the Agency Worker would have been entitled to had he or she been recruited by the hirer, other than via an agency, at the start of the qualifying period. These are the conditions that are ordinarily in force in the hirer’s organisation depending upon whether the individual would have been engaged as a worker or employee.

3.3 Basic working and employment conditions are not all terms and conditions applicable within a hirers business. what is included is specifically defined by R.6 of the AWR, covering pay the duration of working time, night work, rest periods, rest breaks and annual leave.

3.4 It is our policy to request information from the hirer at an early stage requested in respect of all relevant assignments. In the unlikely event that information relating to the basic working and employment conditions applicable, or a comparable employee is not in our possession at the point a request is made, the AWR Lead must as soon as is reasonably practicable take steps to obtain that information from the hirer.

3.5 If the information indicates that the individual may not have received all rights to which he or she is entitled under the AWR, the matter must be immediately referred to a director of ours, who will address the matter with the hirer and determine the next course of action.

Timescale

4.1 The response must be provided within 28 days of the request being received from the Agency Worker.

4.2 Should the Agency Worker not receive a response within 30 days of a request, the Agency Worker shall be entitled to make a similar request directly to the hirer.

Queries

5. Any queries relating to this process shall be directed to the AWR Lead or a director.