The Agency Workers Regulations 2010

The Agency Workers Regulations 2010 (the Regulations) came into force in England, Scotland and Wales on 1 October 2011.

The Regulations will give agency workers the right to the same basic working and employment conditions they would receive if they were engaged directly by an end user client to do the same job; this is limited to conditions that relate to pay and working time. Agency workers will also be entitled to access on-site facilities that an end user client provides to its own workers and to be advised by a client of vacancies which arise in the client's business.

Jobshop have attended workshops dedicated the AWR run by the Recruitment and Employment Confederation and have also held our own Client Seminar and workshop on the AWR.

We have listed below the most frequently asked questions and if you click on the relevant pdf document at the bottom of the page you can download a full explanation for each question.

The regulations have not had the level of impact that was expected and as long as the agency you choose are fully briefed and are operating under these regulations properly they are very manageable. If you are concerned about any aspect of the AWR or just want to clarify any points, one of the Jobshop team will be happy to answer any questions you may have.

For Temporary Candidates

1. Background
2. Am I an agency worker?
3. What if I work through an umbrella company?
4. What do you mean by Day One rights?
5. What do you mean by 'the same basic working and employment conditions'?
6. Pregnant agency workers
7. How will I qualify for equal treatment after 12 calendar weeks?
8. What if I want/need to take some time off work, will this mean I have to start my 12 week qualifying period again?
9. What if I've already worked for the same hirer for 12 weeks when the Regulations come into force in October?
10. If I have already worked for the hirer previously, do I have to inform the agency of this?
11. What if I work for two different hirers at the same time i.e. one for two days a week and the other for three?
12. How will I know if I am being treated the same as I would have been if I had been recruited directly by the hirer?
13. What if I feel my agency is giving me shorter assignments just so that I don't reach the 12 week qualifying period?
14. Are there any situations where my agency will not have to provide me with equal treatment?
15. What should I do if I think that I am not receiving equal treatment that I believe I am entitled to?
16. Who should I complain to if I have an issue?

If you are a temporary candidate click here to download the answers to the questions above