The Agency Workers Regulations 2010
A practice note on the Agency Workers Regulations 2010 (SI 2010/93) (AWR 2010), which govern the rights of agency workers, examining the scope of the regulations, defining the key parties in the tripartite relationship (agency worker, temporary work agency (TWA) and hirer) and considering the effect of individuals being supplied through intermediaries such as umbrella companies. The note details the two tiers of rights afforded to agency workers: "Day-one rights," which include access to collective facilities and information on vacancies, and "Week 12 rights," which grant entitlement to the same basic working and employment conditions as direct recruits after a 12-week qualifying period. It considers the rules for calculating this qualifying period, including how continuity is affected by breaks between assignments. It also addresses liability for breaches, the available remedies, and the anti-avoidance provisions designed to prevent the circumvention of these rights.
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