Agency Worker Regulations

Think working through an agency means you have no rights? You might be surprised!

What is AWR?

The Agency Worker Regulations 2010 (AWR) give temporary and agency workers the same pay and employment conditions they would have if they were working directly for the employer.

Teaching Force fully complies with AWR and we take great steps to ensure our candidates are treated fairly by the schools we work with.

What rights do I have?

From the very first day you start work through an agency, you have exactly the same rights as your permanent colleagues to:

  • Access vacancy information
  • Access to shared services – such as the canteen and workplace creche
  • Access to car parking or transport services

After 12 weeks of continuous service for the same school, in the same type of role, you will also have access to other rights. These include:

  • ‘Equal pay’ – i.e. the same pay as you would receive if you were hired directly to do the job
  • The same rest breaks as permanent colleagues
  • The same annual leave entitlement (paid in lieu)
  • Paid time off to attend ante-natal appointments during working hours
  • Access to the Auto-enrolment Workplace Pension provisions
  • Statutory Payments (Statutory Sick, Maternity, Paternity and Adoption Pay)

There’s even more good news: if you receive better conditions than a comparable permanent employee – for example, you are paid more - the regulations do not require your conditions to be reduced to be brought in line with theirs.

The qualifying period applies after you have been working for a full 12 weeks, regardless of whether your working pattern is full or part time. The period pauses if you take certified sick leave or take time off for public duties – it also pauses during half term breaks.

A new period will only begin for the following reasons:

  • You start a new but substantially different assignment with the same hirer – e.g. change from being a Teacher to a Teaching Assistant
  • You have a break of more than 6 weeks between assignments in the same type of role

What is excluded?

The following rights are excluded from AWR regulations:

  • Right to claim unfair dismissal
  • Company sick pay
  • Company Maternity, Paternity and Adoption Pay
  • Redundancy
  • Notice Pay
  • Payments related to pension schemes
  • Bonuses not based on individual performance

For further information on AWR, you can visit the gov.uk website, or contact us via jobs@teachingforce.co.uk