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Agency Workers Regulations

Agency Workers Regulations (AWR)

MSL Payroll have already developed a number of solutions and procedures to ensure that we are—and more importantly our clients are—compliant with the new changes.

The Agency Worker Regulations (AWR) are in force as of the 1st October 2011, providing temporary workers with equal rights in regards to basic working and employment conditions after 12 weeks of work.

What does AWR mean for you as a freelancer or contractor?

  • You now qualify for equal pay, holiday, working hours, training, office facilities and overtime after 12 weeks of work with the same employer.
  • Contracting with MSL Payroll automatically grants you these rights.

What does AWR mean for you as a business owner?

  • Any temporary workers you hire are entitled to the same pay, holiday, working hours, training, office facilities and overtime.
  • When you use MSL Payroll to manage your temporary staff’s payroll we handle all AWR responsibility on your behalf.


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What is the Agency Worker Regulations (AWR)?

Agency worker regulations provide temporary workers with equal rights in regards of basic working and employment conditions as if they had been employed directly to do the same job.

What is involved in the 12 Week Qualifying Period?

Within the qualifying rules weeks begin from the weekday of the first day of the assignment and any amount of time worked during that seven day period counts as a week worked. AWR guidance use a metaphorical 12 week clock to help explain the rules for accruing this qualifying period. The guidance uses terms, run, pause or reset to describe certain time frames within the 12 week period.

A break of less than 6 weeks will pause the clock which would resume if the agency worker then continued in the role but after 6 weeks the clock is reset. Taking time off for annual leave, qualifying sick leave, jury service, company closure (e.g Christmas break) or due to industrial action will pause the clock without counting towards the 6 week break required to reset the clock. Working for a different hirer will automatically reset the clock. The clock will continue for any of the following reasons; pregnancy, childbirth, maternity/paternity or adoption.

On completion of the 12 week qualifying period the temporary worker will be entitled to equal treatment on the following areas; pay, holiday, working hours, training, office facilities and overtime.

Why should I use MSL Payroll Ltd?

Here at MSL Payroll we have worked very closely with our legal representatives who have been instrumental with helping BIS (Business of Innovative and Skill department) who wrote the Report to help companies interpret the new legislation. This report is the universal guidance for companies that work within the staffing industry.

With this insight MSL Payroll has developed a number of compliant solutions, unlike some of our competitors we believe “One solution fits all” will not work and that more due diligence needs to take place on a case by case basis.

MSL Payroll is working with its client base to make sure that they are also compliant and helping them to develop internal company procedures to ensure the transfer of information between all parties falls in-line with the new guidelines.

For up-to-date information surrounding legislation, procedures and our solutions please contact one of our team who will be happy to help.