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AWR - Your rights as a "Temp"

AWR - Your rights as a "Temp"

What the new regulations mean for you

From 1 October 2011, you have access from day one to facilities and information about job vacancies where you are working temporarily.

After 12 weeks in the same job with the same hirer you are entitled to equal treatment in relation to elements of:

  • pay
  • holidays
  • night work
  • rest periods/breaks
  • duration of working time

After completing the 12 week qualifying period, pregnant agency workers are allowed paid time off for antenatal appointments during an assignment.

What the new regulations do not cover

The 12 week qualifying period is not backdated to before 1 October 2011. Any time spent on an assignment before 1 October 2011 does not count towards the 12 week qualifying period.

Are you covered by the new rights?

You are covered by the new rights if you have a contract with a temporary work agency.

The agency will find you a job or assignment with a hirer. A hirer is someone who needs additional staff on a temporary basis. The hirer can be in the public or private sector, a charity or social enterprise.

You are not prevented from being covered by these rights simply because you have a contract with a company and then find work through an agency.

While working for the hirer you are under their supervision and direction. The hirer will tell you what job you are doing, how to do it and provide any necessary training to do the job.

You are likely to be covered by the new rights if:

  • you often work on a variety of different assignments with different hirers – but can be on one long assignment
  • your time sheets are sent to the agency to process
  • you are paid by the agency based on time sheets
  • your sick leave is paid by the agency if you are eligible
  • the agency pays you when you are on annual leave

You are unlikely to be covered by the new rights if:

  • your agency finds you a permanent job and you are employed and paid by your new employer
  • you find work through an agency but have your own business and the hirer is your client or customer

You are also unlikely to be covered if you work for any agency:

  • that provides a specific service to a client
  • where someone from the agency supervises and directs you on a day to day basis
  • that provides any necessary training and determines how and when you work

Just having someone from the agency on site who helps with queries would not exclude you from the new rights. You cannot opt out of these rights if you are covered by them.

Examples

A company has a staff canteen managed by an in-house catering manager. One of the company’s catering staff is away and you are sent to work in the canteen. During the assignment you are given instructions by the hirer’s catering manager. You are covered by the new rights.

An organisation contracts out the management of its canteen. The contractor manages the entire operation and is responsible for employing the catering staff. If you work for the contractor and have a contract with the contractor you are not covered by the new rights.

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