Agency Workers Regulations (AWR) - How does it effect me ?

[SBK1972]

Im on a 6 month contract working for Hayes, for CC. I support various unix systems and IVe just be told about the new AWR which came into play 1/10/2011.

Im a contractor, with his own ltd, on a day rate, assumed this didnt apply to me as Im on a project, set start / end dates, use my own equipment, and work for my ltd company, via Hayes, to support a certain project until it goes LIVE.

So, can someone give me a better understand of this new rules / guildlines ?? Do they apply to me ?

SBK

[Danielsjdaccountancy]

Im on a 6 month contract working for Hayes, for CC. I support various unix systems and IVe just be told about the new AWR which came into play 1/10/2011.

Im a contractor, with his own ltd, on a day rate, assumed this didnt apply to me as Im on a project, set start / end dates, use my own equipment, and work for my ltd company, via Hayes, to support a certain project until it goes LIVE.

So, can someone give me a better understand of this new rules / guildlines ?? Do they apply to me ?

SBK

No, simply. You run a Limited company. AWR is more down the Brollie route.

[LisaContractorUmbrella]

The AWR does apply to Limited Company contractors and relates to working practises to determine whether or not you are inside the scope of the legislation in the same way that IR35 does. Do you have the right to provide a substitute without prior approval from Hays? Do you work fixed hours? Are there permanent employees doing the same job as you? Does your contract have a termination period? Are you currently working on contracts other than this one? Can you set your own working times? Do you have to request permission to take time off etc etc etc.

Ultimately, according to the guidance that was published by BIS, your status with regard to the AWR would be determined by the courts/Employment Tribunal in the event of any claim.

[chef]

Ok, It doesn't apply to me as I'm not uk based for work or living but I'm still confused.

How does the new AWR legislation differ from IR35? is it effectively the new name for IR35 and therefore affecting Small 1 man Ltd's or is it the equivalent of IR35 but for those who work via Umbrella's and agency workers (i.e those generally referred to as "temps")?

[LisaContractorUmbrella]

Ok, It doesn't apply to me as I'm not uk based for work or living but I'm still confused.

How does the new AWR legislation differ from IR35? is it effectively the new name for IR35 and therefore affecting Small 1 man Ltd's or is it the equivalent of IR35 but for those who work via Umbrella's and agency workers (i.e those generally referred to as "temps")?

The Agency Worker Regulations apply to all temporary workers whether working through an umbrella or through their own Limited Company. It was introduced to try an ensure that temporary workers were treated equally to permanent workers and therefore has given them certain rights in respect of key elements of pay, working hours, duration of working time, night work, rest breaks and annual leave, after they have been at the site for 12 weeks or more. Temporary workers also have to been give access to the same on site facilities as permanent workers e.g. a canteen, creche, common rooms etc from day one of the contract. They also have to be notified of any vacancies at the client site.

The connection with IR35 is that your status with relation to whether or not you fall inside or outside the scope of the legislation is determined using the same consideration as those used for determining IR35 status - basically whether you are effectively an employee rather than in business on your own account.

[Danielsjdaccountancy]

The AWR does apply to Limited Company contractors and relates to working practises to determine whether or not you are inside the scope of the legislation in the same way that IR35 does. Do you have the right to provide a substitute without prior approval from Hays? Do you work fixed hours? Are there permanent employees doing the same job as you? Does your contract have a termination period? Are you currently working on contracts other than this one? Can you set your own working times? Do you have to request permission to take time off etc etc etc.

Ultimately, according to the guidance that was published by BIS, your status with regard to the AWR would be determined by the courts/Employment Tribunal in the event of any claim.

Thanks Lisa, you are quite correct, if you are Outside IR35 and run a Limited company then you are not caught by AWR.

[malvolio]

Thanks Lisa, you are quite correct, if you are Outside IR35 and run a Limited company then you are not caught by AWR.

But we face the same imprecise hoops to jump through to prove it.

Although I'm still not clear why any half-decent contractor would want parity with a permie anyway. After all, the original EU ruling was never intended to apply to us in the first place, it was to protect vulnerable workers. It was the jobsworths in BIS that dragged us in by gold-plating the UK implementation and ignoring the comments made during the consultaiton period.

IMHO Brolly users will be led by the brollies and the safest approach for us freelance workers is simply to ignore it.

[TestMangler]

But we face the same imprecise hoops to jump through to prove it.

Although I'm still not clear why any half-decent contractor would want parity with a permie anyway. After all, the original EU ruling was never intended to apply to us in the first place, it was to protect vulnerable workers. It was the jobsworths in BIS that dragged us in by gold-plating the UK implementation and ignoring the comments made during the consultaiton period.

IMHO Brolly users will be led by the brollies and the safest approach for us freelance workers is simply to ignore it.

I don't think it's down to contractors wanting parity with permies.

It's come up a couple of times recently ( I started one thread), where the agent has created a new piece of paperwork asking you declare your AWR (and hence IR35) position in writing and I suspect the OP is looking for advice on his position.

To anyone who doesn't understand that it is technically a lod of bollox the way it's being presented by agents, they will probably want to know what they're signing for.

My advice would be - The form from the agent is a load of old crap, signing it will do no harm and probably no good either, but the client will be pleased to see that you consider yourself outside the scope of AWR.

[LisaContractorUmbrella]

I don't think it's down to contractors wanting parity with permies.

It's come up a couple of times recently ( I started one thread), where the agent has created a new piece of paperwork asking you declare your AWR (and hence IR35) position in writing and I suspect the OP is looking for advice on his position.

To anyone who doesn't understand that it is technically a lod of bollox the way it's being presented by agents, they will probably want to know what they're signing for.

My advice would be - The form from the agent is a load of old crap, signing it will do no harm and probably no good either, but the client will be pleased to see that you consider yourself outside the scope of AWR.

Unfortunately considering yourself outside the scope will not actually put you outside the scope and the agency certainly won't be protected by a form like that if someone does make a claim.
Basically, Mal is right, this was never intended to cover the likes of you guys on here but it does and let's face it not everyone is as reasonable as you lot and Employment Tribunals for whatever reason are becoming more and more common.