FAQ - Employment Information

Question
Agency worker regulations AWR re-setting the clock
Answer
  • So we have a worker and they work for company "A" for 8 weeks.
  • They then get a short contract with company "B" for say a month, 4 or 5 weeks. That contract finishes.
  • They are then offered work back at Company "A".

So part of the Act says the clock is re-set - because they have worked for a different legal entity and completely stopped working at Company "A". However (we are advised) the overriding part of the act says: under six weeks break for any reason, the clock is paused. It seems that actually working at another company does not have any real effect on the clock. Once the break is six weeks then it may alter the consideration of constructive avoidance if the worker is actively employed by another company (legal entity).

If the worker simply did not work then was re-employed by Company "A", then they may argue constructive avoidance.

 

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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