The Agency Workers Regulations (AWR) came into force on 1 October 2011, and have a profound
impact on contractors and the contracting sector. After 12 weeks on assignment, many contractors now
qualify for equal pay and conditions to their permanent counterparts.
Whilst highly paid contractors are unlikely to request the equal, typically lower, pay of their employee
colleagues, there is no doubt that the level of compliance and administration has significantly increased
costs for clients and recruiters, which will ultimately be shared with contractors.
The final guidance to the legislation for recruiters and hirers published by the Department for Business,
Innovation and Skills confirms that umbrella company contractors will be subject to the AWR. But the situation
for limited company contractors is unclear, as there will be new tests with as yet unknown criteria that must
prove contractors are not engaged in a “profession or business undertaking.”
ContractorCalculator will continue to publish the latest guidance and interpretation of the legislation
in this Special Report section as it happens, so bookmark this page and check back regularly.
Contents:
What does the Agency Workers Directive mean for contractors?
Fears that the AWD spells the end of contracting are unfounded as indications suggest ltd company contractors may be in the clear – but not umbrellas.
Do you want employment rights?
The European Commission wants to force us all to have employment rights, and the unions are trying to use the proposal to destroy the contracting industry. But do we want these rights?
Contracting, subcontractors and AWR: when do the Agency Workers Regulations apply?
Contractors subcontracting client work to other contractors may find the Agency Workers Regulations could apply, says Adrian Marlowe of Lawspeed.
Agency Workers Regulations – AWR risks for contractors, clients and agencies
Contractors, clients and agencies will all face, and have to manage, risks when the Agency Workers Regulations come into force on 1 October 2011.
^ TopRecent News
Umbrella contractors are already being encouraged to incorporate because of the Agency Workers Regulations, says ContractorCalculator’s Dave Chaplin.
Last November
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Wed, 02 Nov 2011
Contractors may experience little change once the Agency Workers Regulations come into force, explains Professional Passport’s Crawford Temple.
Last September
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Thu, 29 Sep 2011
Contractors can download a free new resource to help determine their AWR status and turn the new regs into a source of competitive advantage.
Last September
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Tue, 27 Sep 2011
With less than a month to go before AWR takes effect, a ContractorCalculator survey reveals that 51% of contractors have never heard of the new regs.
Last September
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Thu, 08 Sep 2011
Contractor umbrella solutions providers will enter a new era that should benefit contractors once the Agency Workers Regulations come into force.
Last August
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Thu, 18 Aug 2011
Contractors who wish to trade without the rights offered by AWR and as a genuine business undertaking can choose from a number of trading options.
Last August
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Thu, 11 Aug 2011
Contractors can use the guidance from BIS to help determine if AWR applies. This guidance offers useful examples of which contractors may be in scope.
Last August
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Thu, 04 Aug 2011
Contractors will be affected by the Agency Workers Regulations, either because they are in its scope or because they have to prove they are out of it.
Last July
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Thu, 28 Jul 2011
Contractors who can demonstrate through superior knowledge that the Agency Workers Regulations do not apply to them will gain competitive advantage.
Last July
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Thu, 21 Jul 2011
Contractors should not link the Agency Workers Regulations with IR35, according to the Lawspeed and the Association of Recruitment Consultancies.
Last July
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Mon, 18 Jul 2011
^ TopUseful Sources
Agency Workers Directive
Copy of the EU Proposal
Agency Workers Directive Impact Calculator
What is the financial impact on your income if the legislation comes into force?