agency worker regulations 12 week qualifying period

(v)for more than one of the reasons listed in sub-paragraph (d)(i) to (iv); (e)wholly due to the fact that the agency worker is required to attend at any place in pursuance of being summoned for service as a juror under the Juries Act 1974(1), the Coroners Act 1988(2), the Court of Session Act 1988(3) or the Criminal Procedure (Scotland) Act 1995(4), and the break is 28 calendar weeks or less; (f)wholly due to a temporary cessation in the hirer’s requirement for any worker to be present at the establishment and work in a particular role, for a pre-determined period of time according to the established custom and practices of the hirer; or, (g)wholly due to a strike, lock-out or other industrial action at the hirer’s establishment; or. Regulation 7 (5) provides that, in certain circumstances, the 12-week qualifying period is paused where there is a break between or during assignments, and continues to accrue when the agency worker returns to the same role with the same hirer. Fact: If the two companies are part of the same legal entity they will be viewed as being one and the same for the purposes of the legislation.

Recruitment & Resourcing But the qualifying period clock can be paused or reset: Types of absence that affect the 12-week qualifying period: -Agency worker begins a new assignment with a new hirer, the clock resets  Recruiters should be very cautious of any umbrella company that says all their workers will be outside the scope of the legislation. It appears that the hirer for these purposes is the legal entity, such as a company, firm or public authority, that enters into the contract with the agency.
HR Business Partner An agency worker can qualify for equal treatment after 12 weeks in the same role with the same hirer, regardless of whether they have been supplied by more than one temporary work agency over the course of that period of time. the period of any break between the various assignments under scrutiny. The qualifying period consists of 12 calendar weeks. the agency worker is deemed to be working in that role in accordance with paragraph (6). Assignments could be structured so that the agency worker works for a period of less than 12 weeks and there is then a six week break before they start another assignment with the same hirer. The qualifying period applies to calendar weeks, which means that, even if the worker only works one day a week, they will still fall within the legislation after 12 weeks.

After passing the 12-week qualifying period, an agency worker must receive the same pay as staff directly employed by the hiring organisation unless they are on a pay between assignments contract.

VAT Number 780351338. Agency Workers Regulations 2010: guidance 4 . For example, there may be considerable overlap between the job of an administration assistant and a receptionist. You ask about the benefits which employees receive that you will not be entitled to. Private Sector IR35 Reform April 2020-2021. the qualifying period clock can be paused or reset. despite the wording of the contract, the actual reality is that the individual is not in business on their own account and they work under the supervision and direction of the hirer) or are an avoidance tactic, then individuals are likely to fall into scope of the Regulations. What matters is that for the duration of the 12 weeks, the worker is engaged in the same role with the same hirer. -An AW has the right to collective facilities and amenities such as a canteen, crèche (childcare facility), car park and use of transport services.

For example, if an agency worker’s break between two periods of work in a particular role with a hirer is caused by a period of illness, followed by an annual shutdown and then by annual leave, his or her service with the hirer will be preserved. This section has no associated Explanatory Memorandum. These rights are the responsibility of the hirer and the hirer alone. Diversity & Inclusion In a variety of circumstances, an agency worker will be able to carry over the accrued weeks of the qualifying period into the next period of work in the same role for the same hirer. (a)the break is 28 calendar weeks or less; (c)if required to do so by the temporary work agency, the agency worker has provided such written medical evidence as may reasonably be required.

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