AWR Press Release

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AGENCY WORKERS REGULATIONS - LOVE SUCCESS IMPLEMENTATION GUIDE

SUMMARY

Love Success is a corporate member of the Recruitment and Employment Confederation and is 
working closely with the REC in the implementation of this new legislation which comes in to affect 
on 1st October 2011.
Following many years of debate in Brussels, the Regulations will come into force in England, Wales 
and Scotland on 1 October 2011 (Northern Ireland will have its own regulations, expected to come 
into force on the same date). Love Success are preparing for implementation in order to minimise 
any impact on the effective supply of temporary staff.

The aim of the Regulations is to ensure that the principle of equal treatment - which already applied 
to fixed-term and part-time workers - is extended to temporary staff once they have completed a 12 
week qualifying period. Equal treatment measures cover pay and working conditions but do not 
fundamentally affect employment status or the dynamics of how temporary staff are placed and 
managed.

The initial priority is to assess temporary staff currently being supplied to our clients and establish 
whether the pay rates are in line with your permanent employees. Love Success will then work with 
our clients to ensure a pay scale is established for all roles and a monitoring system will commence. 
Temporary staff cannot contract out of the AWR act.

QUALIFICATION PERIOD

Temporary workers must have worked in the same role with our clients for 12 weeks. The 12 week 
qualifying period is irrespective of the working pattern (eg. Full time or part time). It is also 
irrespective of which or how many agencies supplied the temporary worker to do the same role at 
our clients.

A new qualifying period will begin only if a new assignment with a client is substantively different 
(and that does not mean simply changing a job title), or if there is a break of more than six weeks 
between assignments in the same role. The qualifying period will be paused (rather than stopped) if 
the temporary worker takes:

A break of less than 6 weeks 
Certified sick leave for no more than 28 weeks,

A break related to pregnancy childbirth or maternity and the temporary worker is within a 
‘protected period' (i.e. from the beginning of pregnancy to 26 weeks from childbirth),

Statutory/contractual maternity, adoption or paternity leave, or Time off for public duties (including jury service)

DUTY TO RIGHTS OF INFORMATION ON CURRENT PERMANENT VACANCIES

All temporary staff have the right to be informed of current vacancies within our clients. We will 
make sure that all recruitment opportunities will be made available to our temporary staff through 
regular communication with our clients.

Maintaining Equality

Love Success will ensure by working closely with our clients, our temporary staff will be treated as if 
she/he had been recruited directly in the same job. On a practical level this means that equal 
treatment will need to be established in respect of the terms and conditions that apply to a 
comparable worker or a comparable employee engaged in the same role or broadly similar work.

The AWR include the following within the definitions of ‘equal treatment'. They are:

Pay 

Annual leave
Duration of working time
Rest periods

Love Success will work closely with our clients to ensure that all relevant information is available to 
our temporary workers. This will be carried out with our clients on regular reviews to ensure that 
pay scales, benefits, current opportunities and facilities are accessible by our temporary workforce.

This guideline is for general summary guidance. It is not and should not be considered legal advice.