Employee Bulletin

NEW LEGISLATION THAT AFFECTS YOU

As you are aware as of the 1st October 2011, the Government introduced the Agency Workers Regulations (AWR). This legislation affects everyone who works on a contract or temporary basis, whether working through an agency, end-client or umbrella company. Workers who are genuinely self-employed are outside the scope of the AWR and are not affected.

To reiterate the aim is to give you, as an agency worker, the right to the same basic employment and working conditions as if you were permanent staff (recruited directly). You benefit from this because you have more rights from Day 1 of your assignment, and even more rights after 12 weeks in the same role with the same hirer. If you are paid less than permanent staff it might give you the right to higher rates.

To comply with the AWR you will need to be paid, from week 13 of the assignment, the same rate as a permanent employee (the comparator) at the same company. For Gabem this means that we need to receive details of the comparator from your agency or end hirer especially in relation to the pay and holiday entitlement. As we explained in our previous communication, if this information is not available or the rate you receive does not meet the comparator then you will be offered a derogated contract. The derogated contract allows you to forgo the matched pay in exchange for pay between assignments.

To operate the Gabem derogated contract, we will need to build up sufficient reserves to be able to pay you between assignments. This will have an impact on the amount of potential profit related pay which we are able to pay you, and possibly even on the repayment of expenses. We realise that this might leave you short in some weeks, so to help overcome this, we can offer you an optional advance against future payments that will enable you to bring your take home pay up to a level similar to what you have been taking home in previous weeks. In calculating the amount we can offer you by way of such advance, we will take into account the expenses that would normally have been processed during that week.

Of course, once we have built up sufficient reserves, your profit related pay will increase once again, and we will put through any unclaimed expenses. Please note that we reserve the right to recover advances against future payments which are due to you especially should you leave Gabem.

I would like to re-assure you that by taking advantage of our optional advance, there should be no difference to the overall amount you take home.  You more than likely will have questions on this so please contact us on 01798 861100 to enable us to explain in more detail.

Kind regards.

Trudy Gordon

Managing Director

21st October 2011