FAQ - Employment Information

Question
Agency worker regulations AWR contract length and clock
Answer

Situations where the clock continues and the worker is absent. Ava software is very good at scheduling workers on a shift by shift basis - each shift has its own reference and can be considered to be a single contract to work. Thus if they were scheduled a week of shifts at a customer one week and then a second week of shifts at a customer, but became absent under a condition where the clock continued ticking, they would accumulate that additional week towards the twelve. In the slightly more ambiguous circumstance where there is a rolling contract, then it would seem better always to advise of continuance rather that "till further notice" as in the former circumstance we have been advised that the "likely or originally intended duration - whichever is longer" might be considered to be the entire period and may wily nilly confer a full 12 week period.

Types of leave during which the clock continues are: Breaks due to pregnancy, childbirth or maternity which take place during pregnancy and up to 26 weeks after childbirth. Any breaks due to the worker taking maternity leave, adoption leave or paternity leave.

 

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

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

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