FAQ - Employment Information

Question
Agency worker regulations AWR calculating weekly liability
Answer

This presentation gives an outline of the necessary steps involved in accurately calculating Agency Worker's regulations (AWR) for any given employee.

Agency Worker's regulation legislation is effective after the 1st of October 2011. It establishes employment benefits for an employee with any hirer after a period which (at its shortest) may be  "twelve weeks" of employment.

This 12 week period may actually extend to over a year. This is once all the qualifications and provisos of AWR's are taken into account. AWR's also require giving notifications through this period to inform employees and hirers of how far into the period the employee actually is.

So this presentation is designed to help explain the steps of how to calculate AWR. It will show how shift information is separated then analysed and reworked so as to form an exact understanding of how far along the employee is in their 12 week period.

We will continue to refer to a twelve week period although these 12 weeks may actually stretch to over a year.

So we start off with a fairly standard combined list entailing the locations in which the employee has worked and the date of when they started working for them.

We then split this list into one for each customer with a separate legal identity.

The first working day in each list represents the start date of the twelve week period with that customer. So Joe Blogg's 12 week period with customer 1 starts on 01 June 2012 on a Friday.  Joe Blogg's 12 week period with Customer 2 starts on 11th June 2012 which is a Monday, and the weeks are calculated from there on in.

The list is then organised into 7 day blocks and if an employee has worked a day in a particular 7 day block then that week counts towards the 12 week period.

Any week block that the employee hasn't worked in will not get counted towards the 12 week period of employment, except as outlined later.

An employee who doesn't work for one customer for a period greater than 6 weeks will have their clock reset and will start a new 12 week period if they resume working for that customer. In this circumstance, what is known as "constructive avoidance" has to be taken into account.

If the employee has any leave during employment the clock will be paused. However there are specific types of absence which cause the clock to continue running. This is added here, only to the customers to whom it applies.

So as an example, if an employee was called for jury duty while being scheduled to work for customer 1 this would count towards the 12 weeks.

However, circumstances where the employee does not turn up for work and hasn't got a valid reason will stop the clock and that week will not be counted, for example if an employee has done an extreme oversleep and has missed the only day they were scheduled to work that week.

Once all these calculations have been made the weeks can then be added together to give the total number of weeks the employee has worked towards the 12 weeks needed for full employment benefit of their company.

It is then required to notify the hirer and the employee if they are close to completing their 12 week period and will soon be granted employment benefits.

Summary

So, in summary, to calculate AWR's of a particular employee,

  • we start with a list of shift dates and locations.
  • we separate them out into separate lists, one list per customer.
  • we then put the dates into 7 day blocks starting from the date the employee began working for the customer
  • we sort through shifts where the employee hasn't worked and decide using their reason for absence as to whether or not the shifts count towards a week, and
  • Finally, we add the weeks up.

Once it has all been calculated notifications can be sent to customers informing them if the employee has nearly reached the end of the 12 week period.

 

Additional information

We have a number of questions with the Department of Business and innovation relating to clarification on the AWR. The answers when they come will be published in this section of our site.

Update:

The AWR has been updated, https://www.legislation.gov.uk/uksi/2011/1941/made

We have received clarification (amongst other things, on the order in which certain conflicting provisos should be applied). These changes will be incorporated in our end of September release.

Other pages which may interest you

For the act itself here:

https://www.legislation.gov.uk/uksi/2010/93/contents/made

For reasonably readable 57 pages of information on comparison of benefits for temp workers versus substantive staff and other parts of the act then more here:

www.bis.gov.uk/assets/biscore/employment-matters/docs/a/11-905-agency-workers-regulations-guidance.pdf

Follow us on

Twitter

Facebook

for updates on our progress.

Disclaimer

Whist every effort has been made to ensure this summary article is a consistent portrayal of the Act, Added value applications accepts no liability for this content which is inevitably a much condensed interpretation and opinion based on our reading of the act and other relevant published government sponsored articles. Terms and conditions here...
This article is the copyright of Added value applications Ltd and may not be copied or distributed without our written permission. You may however provide unlimited links to this article from any other web sites.

If you found this information useful, please share it!


This FAQ was last updated on Wednesday, September 30, 2015

Contact Information

To find out more about Ava solutions you can contact us in a number of ways:
Follow Us...