Update on AWR from Linsco
Linsco Ltd are in talks with our Company Employment Solicitors and advisors in relation to the Agency Worker Regulations that come into force in October 2011.
We shall be working with our Clients to ensure compliance, and will be asking that all Clients are aware of the implications and actions that they too will need to prepare for before this time. A copy of the full AWR Guidance is available to download at our website page here
We operate a fully transparent service whereby we will be required to know our Clients own benefits and pay structures for their directly employed staff at the relative comparator level, as that we can make sure that the temporary workers can be paid and receive benefits on a like for like basis once they have been on an assignment for more than 12 weeks in the same role.
This inevitably will incur additional costs to comply with it, and our own in house IT payroll system is being re-configured for the end of July 2011, to be able to provide suitable reports that will assist Clients with their options when workers are approaching the 12 week period. We are looking into an online access for Clients to be able to view current workers and their assignment details at any time.
Please bear in mind that this only applies to those workers who continue to work for the same Client, on the same job at the same level for a period of 12 weeks. The majority of our own company business averages out at about 6 - 10 weeks per individual assignment, which does not fall within the scope of this legislation. Only those who are not genuinely self-employed, and have long term contract assignments will be affected by this legislation.
Until nearer the time, we cannot predict what costs or implications will be as the REC and the government have not issued final guidance to agencies such as re-written model contracts and checklists to work through with Clients. All our Directors are attending workshops and seminars in relation to finding solutions that will be possible for our clients, and we ask that should they have alternative proposals, to contact us in good time.
For the time being, please be assured that Linsco will present any guidelines or findings immediately, and welcome any feedback or suggestions from Clients that have further information to the contrary.
Summary
The new regulations will change the way your business procure agency labour and are not limited to but include:-
Provides Agency Workers with the right to equal treatment after a 12 week qualifying period
From day 1 the Agency Workers are entitled to be treated no less favourably than a comparable worker / employee in relation to collective facilities and amenities as provided by the hirer. These facilities / amenities include:
Canteen
Toilets / showers
Drinks and food machines
Car parking
Access to internally advertised roles
The Agency will be responsible for failing to provide comparative basic pay and conditions. However the agency may have a defence if it can show that the required information provided by the hirer was incorrect or not forthcoming. The hirer can mitigate its liability by cooperating fully with the agency.
Posted: 20/06/2011 15:33:52