Latest on AWR – June 2011

The Agency Workers Regulations (AWR) and implementation of the Agency Workers Directive is the most significant legislation ever to hit the UK’s private recruitment industry.

The government guidelines published on 6th May 2011 give an example of which temporary worker would be out of the scope of AWR;

An individual has set up his own limited company through which he provides IT services. He is engaged by a TWA and supplied to work on a specific project with an anticipated duration of 12 months. The individual has no fixed working pattern and can determine how and when he performs the services; he can also send a substitute to perform the services at any time or payment is made on specific deliverable or on a fixed price and not simply on an hour, daily or weekly rate. However, he is subject to the hirer’s reasonable and lawful instructions. Given the absence of personal service and mutuality of obligation, the company is a client or customer of the individual, therefore the individual is out of scope. This must be a true reflection of the reality of the relationships between the parties involved and not simply a reflection of the contractual term

Openspaces are closely monitoring developments to make sure that we are working within the latest legislation for AWR and IR35.

Check this website for the latest update of AWR in July 2011