What do the Agency Workers
Regulations (AWR) mean for me?

WHAT AWR MEANS FOR YOU AS A TEMPORARY WORKER

The aim is to give temporary workers the same basic employment and working conditions as workers who are recruited directly (permanent staff)
From Day 1 of a work assignment beginning on or after 1st October 2011 you are entitled to be informed of existing vacancies in the organisation for which you are working and you are entitled to the same on-site facilities as permanent staff – such as use of a crèche, canteen or car park and information about permanent vacancies.
After 12 weeks in the same role with the same hirer, you will be entitled to equal treatment in such areas as pay, holiday pay, holiday entitlement, shift allowances, and some bonuses
AWR comes in on 1st October 2011 so any time you have worked on your current assignment before that date does not count for AWR purposes
You will not have equal entitlement to occupational schemes – for example for pensions, maternity, childcare vouchers or sickness.

AWR CONTRACTS

One contract does not fit all so Gabem will offer two contracts that comply with the AWR, to suit different workers. For example, the Classic or Comparator contract is called ‘matched pay’ by some agencies/hirers because it entitles the agency worker to equal pay with comparable permanent staff.

However in some cases you might choose the second contract (called the Derogated contract) which allows an opt out from the pay comparison, and offers other benefits instead – including ‘downtime’ payments for 4 weeks between assignments.

We will contact you and/or your agency to ensure you are offered the contract which best suits you.

HOW THE ‘CLASSIC’ CONTRACT WORKS

You must have worked for the qualifying period of 12 weeks – 12 calendar weeks
After 12 weeks in the same role with the same hirer you have a right to equal treatment with a ‘comparator’ direct employee of the hirer
- Same pay and conditions
- Same holiday pay rate and entitlement
You do not get pension rights, or occupational sickness or maternity rights
A 6-week break between assignments with the same hirer resets the clock to start at Day 1 again
A change of agency or Umbrella provider mid-way through an assignment does not matter if you continue to work on the same assignment and not an entirely new one – the clock continues to tick

HOW THE DEROGATED CONTRACT WORKS

This is a form of opt out from the right to equal treatment in respect of pay for Umbrella company workers. You must have a permanent contract of employment (along the lines of the contract you currently have with Gabem)
The ‘opt out’ only relates to pay; the same conditions as the Classic Contract apply with regards to use of facilities like canteen, car park and information about permanent vacancies
As your Umbrella provider, Gabem must pay you at least 50% of your previous (basic pay) earnings if you have a ‘downtime’ period between assignments and this must not be less than the National Minimum Wage. You are entitled to receive a minimum of four weeks downtime payment
Your Umbrella provider is obliged to take reasonable steps to seek suitable employment for you.

HOW WILL YOUR AGENCY HANDLE AWR?

Some of the agencies we work with may decide only to operate the Comparator model, others will use both models, but in any case, they are comfortable with Gabem’s decision to offer both
Gabem and agencies/hirers will be in close contact in the early days of the implementation of the legislation to compile information to enable us to establish the correct type of contract which is right for you. You may be asked some questions by Gabem and possibly by your agency to help with this.

AWR FREQUENTLY ASKED QUESTIONS

Q: Will I have to decide before October 1st whether to choose the Classic or Derogated contract?
A: No. Existing Gabem Management Limited (GML) employees will continue on their existing contracts while we establish which contract is best for you. This hopefully will happen in the first two weeks but we will ensure that everyone is onto the right contract within 8 weeks.

Q: On October 1st I will have been working on my present assignment for many weeks, will this count towards my ‘12 weeks’ to get equal conditions?
A: No. It’s not retrospective. The ‘clock starts ticking’ on October 1st.but everyone gets ‘Day 1’ rights from an assignment on or after this date (e.g. access to existing vacancies and on-site facilities such as car park and canteen).

Q: If I work 10 weeks on one assignment, will that count towards my 12-week qualifying period if I then move within the same company to a different role?
A: No. You have to work 12 calendar weeks in the same type of role for the same company to qualify.

Q: What if I change agency but stay in the same role and assignment?
A: That makes no difference to the count towards 12 weeks – it’s keeping the same job and hiring company that is key.

Q: If I take a long break – say 6 weeks – between assignments, what happens?
A: A break of 6 or more weeks between assignments resets the clock to zero.

Q: If I choose the Classic contract, how is my pay calculated for comparison with permanent staff?
A: National Minimum Wage, profit-related pay and expenses all count towards comparator pay.

Q: What if I’m working for 12 weeks on more than one assignment at the same time – how is ‘equal pay’ calculated?
A: You will have 2 separate equal pay entitlements.

Q: What will my holiday entitlement and pay be?
A: With a Classic contract you will accumulate holiday pay at the National Minimum Wage rate for the first 12 weeks, after which you will be entitled to equal treatment with permanent staff in terms of holiday time and pay, so holiday pay will be at your full pay rate. With a Derogated contract, holiday pay will be at the National Minimum Wage rate.

Q: If I choose the Derogated Contract, I get ‘downtime’ pay from Gabem for 4 calendar weeks between assignments. How much do I get paid?
A: Gabem, as any Umbrella company, must pay you at least 50% of your previous earnings (basic pay), and this must not be less than the National Minimum Wage. You must be eligible for work during this time.

Q: If I choose the Derogated contract, am I opting out of all the rights?
A: No, only the right to equal pay. You still have all the rights to the same conditions, canteen, car parking and information about permanent vacancies

Q: I’m confused already – what do I need to do?
A: Nothing. We will contact you to ask you some questions about your various assignments so that we can find the best contract for you, your agency may also provide information to help. As always, if you have questions you can call our Operations Team on 01798 861100 or email enquiries@gabem.com.