In order to comply with the Agency Worker Regulations 2010 we must ensure after 12 working weeks within the same role and Hirer, Agency Workers are entitled to the same basic working conditions as that of a comparative permanent employee.
HEADS have robust tracking systems to classify and monitor the time periods involved, however we are reliant on you the Hirer to provide us with accurate information on basic working conditions including basic pay, shift allowance and annual leave entitlement.
Since AWR commenced in 2011, we understand there may have been pay reviews and changes to basic employment conditions which will directly affect existing contracts. Recently we have experienced an increased number of queries from Agency Workers, resulting in basic pay or annual leave being back paid to individuals where there has been inaccuracy in our deemed compliant contract.
Any cost liabilities under the AWR lie with the Hirer, therefore it is important to review current comparator rates with HEADS to ensure compliance.
Should you wish to discuss anything concerning your AWR compliance, please contact your HEADS Branch Manager.