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Interim AWR Regulations

With effect from 1st October 2011 new regulations came into force to give additional employee right to locum workers.

The Agency Workers Regulations (AWR) will have an impact on all organisations using locums (agency/ temporary workers) as the purpose of these Regulations is to give equal treatment to the majority of locum workers, in line with comparable permanent employees or directly recruited workers.  This will include pay and other working conditions after a 12-week qualifying period.

Who will be affected by the Regulations

All locums who are paid via an agency on a PAYE basis and those employed via an Umbrella Company or other intermediary.  Any locum who is genuinely working on a self employed basis is unlikely to fall within the regulations.  (This may include locum workers who operate on their own account as a limited company, limited liability company or partnership)

When do the rights take effect

With immediate effect, on day one of an assignment (Day One Rights) all qualifying locums will be entitled to certain rights.  This will include

  • Access to on site facilities such as canteen and childcare facilities on the same basis as a permanent employee.  If there is a waiting list for these services, the locum worker will join the waiting list, but permanent employees will not be given priority
  • The right to be informed about, and apply for, any internal vacancies available to permanent employees.  The locum should be told about how to find this information and the process to apply as part of their induction process

Other rights will become available after a twelve week qualifying period.  This means the right to be treated in the same way as a permanent employee with regards to

  • Pay, including basic salary and overtime.  Bonus or commission payments will also be included where they are paid as a direct result of work carried out by the locum worker.  There will not be a automatic right to other bonuses
  • Hours of work
  • Rest breaks
  • Annual holiday entitlement
  • Paid time off for antenatal appointments where the appointment falls in normal working hours

Elements not included:

  • Occupational Sick Pay and Pensions
  • Redundancy
  • Occupational pay for Maternity, Paternity and Adoption leave
  • Long service awards

Twelve Week Qualifying Period

 This must be 12 weeks continuous employment in the same role with the same employer.

  • This employment can be part-time or full time and it is irrelevant how many hours are worked each week
  • Should there be a break of more than 6 weeks, even if the locum worker returns to the same role, with the same employer, a new qualifying period will start
  • Where the locum worker moves to a substantially different role, with the same employer, a new qualifying period will start
  • The qualifying period will be paused if there is a break of less than 6 weeks and the locum worker returns to the same position with the same employer
  • The qualifying period may be paused for up to 28 weeks where the reason is sickness, or incapacity due to injury, or to allow the locum worker to complete jury service
  • The qualifying period will be paused where the employer has a planned period of shutdown, such as over the Christmas period
  • Time taken off during pregnancy (including the 26 weeks after childbirth) will not cause the qualifying period to be paused

 Employers as well as agencies will be responsible for ensuring the compliance of this legislation

 Click here for further information.