It seems that many employers have adopted the view that compliance with the Agency Workers Regulations (AWR) is one of a tedious task. The chosen solution of avoidance and non-compliance may now result in numerous businesses landing in hot-water.
The AWR are set to come into force on 1st October 2011, and as recently reported less that 30% of businesses are prepared for these, despite this the regulations do impose strict and limited means of avoidance. There are penalties in place for those choosing to opt for complete non-compliance and anti-avoidance provisions for those hirers who intended to systematically restrict engagements for agency workers to 11 weeks. The only solution available to a hirer is to ensure they review what they must do and comply.
In brief from day one the agency worker must have access to the same facilities and amenities as direct staff and be informed of relevant job vacancies to enable the application of a permanent position. After 12 weeks the agency worker is entitled to be given equal treatment in respect of basic working and employment conditions including pay and working time, without extending to sick pay and occupational pensions.
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