What are your contractors entitled to under AWR?
An agency worker is entitled to access collective facilities and amenities from the first day of their assignment, such as the canteen, childcare facilities and transport services.
They're also entitled to equal pay and holidays after a 12 week qualifying period, ie if they've worked in the same role for the same hirer for 12 continuous calendar weeks (although there are many circumstances that pause, restart or continue the 12 week clock that we can advise on).
Basic AWR compliance
The main types of agency worker who fall outside the scope of AWR or are at low risk from AWR:
- Limited company contractors who are genuinely in business on their own account
- Agency workers with a contract length less than 12 weeks
- Agency workers with a higher hourly rate than a direct recruit or comparable employee
- Agency workers with no comparable direct recruit or employee because their role is unique
You will need to assess any other contractors for AWR risk.
Our Advice
Option 1: Our PSC service - My PSC
PSCs may solve an agency's AWR problems for contractors earning above £17.50 per hour who are interested in working through a limited company. However the contractor needs to be genuinely “in business” to fall outside the scope of AWR. Our IR35 and 'in business' checks ensure that there is clear evidence that this is the case and provides an audit trail should the contractor decide to make a claim.
For those who don't qualify for PSC, we have our umbrella company.
Option 2: Our umbrella company - My Max
To remain compliant with AWR, we ensure the timely collection of data from the agency using a “business rules engine” to ensure this information is shared on time between ourselves and the recruitment agency. This engine drives AWR compliance and can be tailored to suit an agency's needs based on certain parameters. After 8 weeks, an automated email will remind the agency that the contractor is approaching their first 12 weeks and will confirm the contractor's hourly pay based on what they've earned in the past 8 weeks.
The AWR guidelines state that pay includes wage plus expenses. Calculations of pay rate can vary week by week based on the level of expenses claimed by the agency worker and the number of hours worked.
There are strict compliance requirements that an umbrella company must adhere to; namely there must be an overarching contract of employment in place and supporting expenses policy and the calculations must adhere to minimum wage guidelines.
