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AWR Temporary Worker
12 Week Notification Form
Omni RMS
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AWR Temporary Worker 12 Week Notification Form
Please complete the attached form on Page 4 and email it to [email protected].
The Agency Worker Regulations 2010
What are they?
These came into effect in England, Wales & Scotland on 1 st October 2011, giving agency workers the
right to equal treatment; the same basic working and employment conditions they would receive if
they were employed directly by the hirer to do the same job.
This is limited to:
From Day 1 of agency worker engagement:
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Access to collective facilities and amenities;
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Access to vacancies within the organisation.
After Week 12 of the qualifying period of agency worker engagement:
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Pay;
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The duration of working time;
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Night work;
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Rest periods;
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Rest breaks; and
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Annual leave.
How does an agency worker qualify for equal treatment?
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Once the worker has completed the ‘qualifying period’. This is achieved by working:
“in the same role with the same hirer for 12 continuous calendar weeks, during one or more
assignments.”
Measuring the 12 Week Qualifying Period
This is to be monitored by individual agencies in respect of their own workers.
For an agency worker to achieve the 12 week period, the worker does not have to work for just one
agency. They can complete the qualifying period even if they are supplied by different agencies to
work for a hirer. Therefore agency workers and agencies must communicate to understand whether
a worker has accrued any eligible ‘weeks’ whilst previously being supplied to a hirer.
Any week in which the agency worker is supplied to the hirer will count towards the 12 week
qualifying period, even if they work for even just one hour that week.
An agency worker does not have to work for 12 continuous weeks in order to reach the qualifying
period. The AWR allows the worker to have certain breaks in or between assignments without the
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clock re-setting to zero. This ultimately means that an agency workers’ qualifying period could be
achieved over a period of time which exceeds 12 calendar weeks.
What breaks can be permitted in/between assignments without the 12 week clock being re-set?
A break of six weeks or less, whereby the worker returns to the same role
The worker can ‘carry over’ any accrued qualifying weeks if they return to the same role within 6
weeks. In effect, the 12 week clock ‘pauses’ for up to 6 weeks. If the break exceeds 6 weeks and
then the worker returns to the same role, the 12 week clock re-sets to zero.
For example:
a) An agency worker works for 8 weeks then takes a break from their assignment for 4 weeks.
When they then return to that assignment after their 4 week break, they will then enter into
their 9th week of the qualifying period, meaning they will need to work that week, plus
another 3 to reach the 12 week qualifying period.
Other breaks permitted under AWR that can exceed 6 weeks
If an agency worker has a break of 6 weeks or more for any of the reasons listed below, then any
weeks worked prior to the break will be carried over and added to any weeks subsequently worked
by the agency worker on their return to a hirer:
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Sickness/injury, up to a maximum of 28 weeks, provided evidence is given to the agency by
the worker;
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Jury service;
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Annual leave
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Periods whereby the hirer does not require the agency worker due to industrial;
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Periods whereby the hirer does not require the agency worker because their site has
temporarily ‘closed down’, for example between Christmas and New Year.
Instances whereby the 12 week qualifying clock continues to ‘tick’’ even if an agency worker is
absent/cannot complete an assignment:
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A break related to pregnancy, childbirth or maternity which takes place during pregnancy
and up to 26 weeks after childbirth;
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Any break due to the agency worker taking maternity, paternity or adoption leave
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Further guidance about the AWR can be found at:
The Recruitment and Employment Confederation (REC) website: www.rec.uk.com
The Department for Business, Innovation & Skills website:
https://www.gov.uk/government/organisations/department-for-business-innovation-skills
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Agency Supplier Request
Review Temporary Worker Pay Rate for Week 12 Parity - AWR
As the agency, it is your responsibility to monitor AWR in relation to Week 12 rights for your agency
workers. Once your workers have accrued sufficient service to meet the 12 week requirements, you
will need to advise us so we can adjust the basic pay rate to be equivalent to the permanent hourly
rate.
What to do when your worker accrues 12 weeks service
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Complete this form by double clicking into the table below and selecting available options
for each week.
Email completed form to [email protected] in Week 12 of worker engagement, with
all supporting documentation for any service accrued whilst worker was sick, during a
pregnancy related absence, doing jury service or on annual leave.
Omni will review and validate request;
Omni will then close down the current contract at the current pay rate;
Omni will then create a new contract to commence from Week 13 at the new pay rate;
You can then raise any further timesheets against the new contract.
Name of Worker:
Name of Agency:
W/E Date
Accrued (Fri)
How Service Accrued
Evidenced Via
Week 1
Week 2
Week 3
Week 4
Week 5
Week 6
Week 7
Week 8
Week 9
Week 10
Week 11
Week 12
PLEASE NOTE: We will only raise a new contract when we receive notification from you. We will not
backdate requests due to an agency not informing us in the 12th week that a worker has accrued
sufficient service.
Should you wish to discuss further, please do not hesitate to make contact with your Omni Account
Manager.