AWR Candidate FAQs

frequently asked questions

1. Am I protected by AWR?

You will be if you are an agency worker, even where you are employed via an umbrella company. If you are a genuinely self-employed contractor, including where you work through a limited company, you will not be protected by AWR (limited company contractors who are IR35 compliant should be out of scope of AWR).

2. If I am protected by AWR, what does that mean for me?

From the first day of your assignment:

(i) You will be entitled to access facilities provided by the hirer (e.g. an on-site canteen). However, you will not get beneficial treatment in terms of access to these facilities, for example, if there is a waiting list, you will join that waiting list. You will not have an automatic right to access off-site facilities not provided by your hirer (e.g. subsidised access to an off-site gym).

(ii)  You have the right to be informed about vacancies at your hirer.  You do not have the right to any beneficial treatment in the recruitment process.

Your hirer or their onsite recruitment team will be able to tell you what your “day 1 rights” are.

After a 12 week qualifying period:

(i) You will be entitled to the same basic terms and conditions of employment as if you had been recruited directly by the hirer. Terms and conditions include key elements of pay, holiday entitlement, working hours and rest breaks.

(ii)  You will not be entitled to company sick pay, pension, maternity, paternity or adoption pay or redundancy pay.

Your Assignment Schedule should detail your “12 week rights”.

3. What affects my qualifying period?

 A new qualifying period will begin where:

(i) you start a new assignment with a new hirer 

(ii) you start a substantially different assignment with the same hirer

(iii) you have a break of more than 6 weeks between assignments in the same role.

Your qualifying period may be paused where:

(i) you have a break of less than 6 weeks between assignments in the same role

(ii) you go on holiday

(iii) planned shut downs (e.g. Christmas shut downs)

(iv) you are sick (for up to 28 weeks)

(v) you are on jury service (for up to 28 weeks)

The qualifying period keeps ticking during maternity, paternity and adoption leave and absences due to pregnancy.

You should be notified if any changes are to be made to your Assignment Schedule as a result of achieving the qualifying 12 week period.

4. If I started in my assignment before 1 October 2011 when AWR takes effect, will my qualifying clock reflect that?

No. Your qualifying clock will start from 1 October 2011 regardless of when you started in your assignment.

5. Who should I be treated the same as once I achieve my qualifying 12 week period?

An employee or worker recruited directly by the hirer who does broadly similar work to you (they could be based at another site). Alternatively, your terms and conditions could be based on the hirer’s policies and standard practices (e.g. all employees are entitled to 25 days holiday every year plus bank holidays) or a collective agreement.

A full explanation of AWR can be found on the BIS website: www.bis.gov.uk