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Agency Workers Regulation (AWR) Information

Introduction

The Agency Worker Regulations are an EU directive that requires any temporary worker who has worked for a company in the same role for 12 weeks or more to receive the same working conditions as a permanent employee in the same role. This means temporary workers will receive the same employee benefits as permanent employees.​

This regulation requires Agencies and Umbrella Companies to work together to ensure each agency worker receives equal treatment after 12 weeks or more on site.

The Agency Workers Regulations require an Umbrella Company to take reasonable steps to obtain comparator information for all employees. We request AWR information for each contractor, which allows us to carry out a full comparator test that protects all “in scope” parties.

SmartWork is committed to complying with the Agency Workers Regulations (AWR) and ensuring agency workers receive equal treatment in relevant basic working and employment conditions after completing the 12-week qualifying period.

This guide provides an overview of how SmartWork manages AWR and the information we require from agencies. Detailed responsibilities, procedures and controls are set out in the SmartWork AWR policy.

When does AWR apply?

The AWR process applies to every assignment that lasts, or is expected to last, more than 12 weeks.

SmartWork operates a match permanent pay model for employees within the scope of AWR. After the 12-week qualifying period, SmartWork compares the worker’s relevant pay and basic working and employment conditions with those of an appropriate permanent comparator.

The comparison can include areas such as:

  • Pay
  • Working hours
  • Annual leave
  • Rest periods and breaks
  • Other relevant basic working and employment conditions

How does SmartWork manage AWR?

SmartWork identifies assignments likely to exceed 12 weeks and requests the information needed to complete the AWR assessment.

Initial AWR request

SmartWork issues an AWR Worker Information Form to the relevant agency at the outset of the assignment. The agency must obtain accurate comparator information from the end client and return the completed information to SmartWork before the 12-week qualifying period.

Managing assignments beyond 12 weeks

Before the 12-week qualifying period, SmartWork reviews the comparator information provided and may contact the agency if it needs more details. For extended or ongoing assignments, agencies should provide updated assignment and comparator information when requested. SmartWork also requests updated comparator information at least every 12 months for assignments continuing beyond 12 months to ensure the assessment reflects current pay structures and working conditions.

AWR Worker Information Form

SmartWork provides an AWR Worker Information Form to help agencies provide the information required for the AWR assessment. Agencies do not have to use the SmartWork form. Information can be provided in another format, provided that all required AWR and comparator information is included. The information should be accurate, complete and based on the relevant permanent comparator at the end client.

What information do we require?

Agencies should provide the information required to assess the worker’s AWR position, including, where applicable:

  • AWR qualifying date
  • Pay rate and relevant pay arrangements
  • Working hours
  • Annual leave entitlement
  • Relevant allowances or payments
  • Other applicable basic working and employment conditions
  • Details of the appropriate permanent comparator

What happens after the information is received?

SmartWork reviews the information provided and assesses whether there is any relevant difference between the worker’s terms and those of the appropriate permanent comparator.

The outcome may be:

  • No shortfall identified: No relevant discrepancy has been identified based on the information provided.
  • Difference in pay structure but no overall shortfall: Pay or benefits may be structured differently, but the assessment does not identify an overall relevant shortfall.
  • Shortfall identified: Where a relevant shortfall is identified, SmartWork will contact the agency to discuss the required adjustment.
  • Shortfall identified after the qualifying period: Where a shortfall is identified after the 12-week qualifying period, SmartWork will also address any applicable retrospective adjustment in accordance with its AWR process.

Where clarification is required, SmartWork will work with the agency to establish the correct position.

What happens if the information is not provided?

SmartWork requires the requested comparator information to assess the worker’s entitlement to equal treatment and to meet its responsibilities under the Agency Workers Regulations. If the information is not provided, SmartWork will follow up with the agency and may be unable to complete the AWR assessment.

The agency is responsible for obtaining complete, accurate comparator information from the end client and promptly providing it to SmartWork, including any requested updates or clarifications. If the agency does not have the required information, it should promptly escalate the request to the end client and follow up until it receives the information. The end client is responsible for providing the agency with up-to-date information about the relevant terms and conditions.

Failure to provide complete and accurate information promptly may delay the assessment. It could prevent SmartWork from confirming and applying the correct AWR terms once the 12-week qualifying period has been completed.

Day 1 rights

Certain AWR rights apply from the first day of an assignment.

These include:

  • Access to relevant collective facilities and amenities available to comparable employees, where applicable.
  • Information about relevant job vacancies with the end client.

The end client is primarily responsible for these day-one rights.

Keeping information up to date

Agencies should notify SmartWork of relevant changes to an assignment, including changes to:

  • Pay
  • Working hours
  • Annual leave
  • Assignment duration
  • Relevant working conditions
  • Comparator terms

For ongoing assignments, SmartWork also conducts an annual review of comparator information.

If you have received an AWR information request from SmartWork, please provide the requested information using the AWR Worker Information Form or an alternative format containing all the required information.

If you have any questions about an AWR request, please get in touch with SmartWork.