The Agency Worker Regulations (AWR) came into effect in from 1st October 2011 and provide all agency workers who placed to work in schools through a supply agency the right to equal treatment compared to someone who is employed directly by an education setting.
Each time Connex Education places an agency worker with you we will send an assignment confirmation e-mail which confirms the identity of the worker, their vetting information and the AWR role in which they’ve been placed.
If the worker has been placed with you previously through another agency you are required to notify your local branch. Work conducted through another agency may count towards the workers qualifying clock for week 12 rights, to ensure you are compliant with AWR it is imperative that we are informed.
Please be aware that failure to inform us a worker has previously completed assignments with you through another agency could result in an AWR claim. In the event of a claim resulting from prior assignment history not declared to Connex Education we would not be liable in the event of a claim.
Day One rights
Day one rights are the sole responsibility of the client, it is therefore Connex Education policy to refer any agency worker requests to the client. From Day one agency workers are entitled to access collective facilities which are made available to a clients own employees, such as:
- Canteen (but not free or subsidised meals);
- Childcare facilities
- Transport facilities
- Toilets/shower facilities
- Staff room
- Mother and baby rooms
- Car parking
- Food and drink machines
Agency workers are also entitled to details of the client’s vacancies.
Twelve weeks rights
Once a worker has completed a 12 week qualifying period with the same hirer, in the same role, they will be entitled to have the same basic terms and conditions of employment as if they have been employed directly by you. These rights include;
- The duration of working time
- Rest periods
- Rest breaks
- Annual leave
Requests for information – RFI
Prior to a worker reaching 12 weeks within a role with you as a hirer Connex Education will send you a Request for Information (RFI) asking for confirmation of the role the worker is completing. Depending on the role we may also request information on the rate of pay you would have paid the worker if you employed them directly or of a comparable employee.
Completing and returning the RFI is crucial to enable us to ensure the workers post 12 weeks rights, please be aware failure to return this information prior to 12 weeks could result in the need to adjust prior invoices post 12 weeks.
Failure to complete and return the RFI or returning inaccurate information could have an impact on you as the hirer in the event of an AWR claim.