Agency Worker Regulations
  • Holiday Pay
    • Holiday Pay
      What is The Agency Worker Regulations (AWR) 2010?
      The main principle of the regulations directive, which came into force on 1 October
      2011, is to give equal treatment to someone who has been with the hirer for 12
      continuous weeks in a given job. The agency worker (for NHSP purposes a Flexible
      Worker) will be entitled to at least the basic working and employment conditions
      such as pay and working time which are equal to the hirer's own employees.

      The regulations will give NHSP Flexible Workers an entitlement to the same or no
      less favourable treatment as comparable employees with respect to basic
      employment and working conditions, if and when they complete a qualifying
      period of 12 weeks in a particular placement.
    • What rights will flexible workers have?

      ​ From the effective date of the regulations October 2011 a flexible Worker on a placement will be entitled to:

      • The same access to facilities such as staff canteens, childcare and transport as
      a comparable employee of the hirer.
       
      • Be informed about job vacancies.
      When the 12-week qualifying period has been achieved, a flexible Worker will
      be entitled to the same basic conditions of employment as if they had been directly 
      employed by the hirer on day  one of the placement, specifically:
      • Enhanced holiday leave accruals of up to 27 days plus 8 days bank holidays
      (Standard leave is 20 days plus 8 days bank holidays).

       

    • What is a "comparative" employee?
      The regulations aim to ensure a Flexible Worker is engaged on the same
      relevant terms and conditions as a "comparable employee". In other
      words, "what terms and conditions would the Flexible Worker have received
      if they had been directly recruited into the role?"
    • What does the acceptance of AWR do for me?
      ​The Agency Worker Regulations (AWR) means that if you, as a Flexible Worker,
      have achieved the 12 week qualifying period, you will be entitled to the same
      basic conditions of employment as if they had been directly employed by
      NHSP on day one of a placement, specifically:
      Enhanced holiday leave
      accruals of up to 27 days plus 8 bank holidays - (standard leave is 20 days plus
      8 bank holidays)
    • Why MUST I release timesheets promptly?
      To ensure the enhanced leave can be gained it is important that your
      time sheets are released. Time sheets not released do not accrue leave.
      Any shift not released within 12 weeks of the shift date will not be accrued
      for the purpose of annual leave. It is important to release timesheets weekly
      to ensure accurate calculations of accrued leave are maintained.