Temps & Contractors
4th January 2012
Re: AWR Qualifying Periods
Hello all of our 12 week qualified temps!
We hope that you all had a Merry Christmas and have had a good start to 2012.
We are aware that you have reached your 12 week qualifying dates for the AWR. We are still sourcing the information that we need to amend your pay rates and holiday entitlements.
Once we have the information we will send out new contracts with amended rates and increase the rate at which you accrue holiday as necessary in the payroll. We hope to have this in place before the next payroll on Tuesday next week.
For those of you who should have received the additional entitlement from last week, please rest assured that we will back pay you any amounts due from a rate change and we will pay out any additional holiday that should have been accrued.
We thank you for your patience in this matter, it is not our fault, but we are chasing those who need to be chased!
Kindest regards,
The team at Johnson Underwood.
Agency Worker Regulations
From 1st October 2011 Agency workers will have more rights.
Here is a checklist to help you assess your rights.
Johnson Underwood will ensure that they receive all the information required to meet this new legislation and will impart this to our temps, in current and new assignments. Please contact us at any time should you need to discuss this in more detail, or you believe you are entitled other benefits of which we may not be aware.
Day one
- Access to collective facilities (on site)
- Parking (waiting list may apply)
- Crèche (waiting list may apply)
- Tea and Coffee facilities, food and drink machines
- Company transport (bus), (not company car or season ticket loan)
- Shower facilities
- Waiting room
- Prayer room
- Access to internal vacancies (even if it is on a pin board or by intranet)
- Other collective facilities on site which may be specific to individual companies/organisations.
E.g.:
Week 12 rights (A guideline)
- Same basic terms and conditions of those employed in the same role.
1) Basic pay
2) Shift allowances
3) Annual leave + public holidays
4) Overtime
5) Commission
6) Bonuses – only relating directly to work done
7) Hours/rest periods/breaks
8) Vouchers – e.g. lunch, transport
9) Paid off time for ante-natal appointments
Johnson Underwood will be endeavouring to ensure equal treatment by obtaining the following and any other relevant documentation:-
- Standard contracts of employment
- Pay scales or pay structures
- Relevant collective agreements
- Handbooks
Complaints’ Procedure
Should Johnson be unable to satisfy your questions and concerns and you believe that your issues remain unresolved and that your rights to equal treatment have been breached, then this is the procedure you must follow:-
The temporary worker must request in writing, for information regarding their issues to be addressed in writing within 28 days of the request
Written response from the agency must include, relevant information relating to basic working and employment conditions of the workers of the hirer; factors considered when agency formulated these conditions and any other relevant information.
Should the agency not comply, after 30 days have elapsed, the agency worker may then request information directly from the client in relation re basic working and employment conditions, however, should the temporary worker believe that their rights to the clients’ collective facilities have been breached, they are able to discuss this with the client directly at any time.
Naturally, with any new laws there will be grey areas, however, as REC members we have access to a specialist legal team who will help us to help both our temps and clients.
Rest assured we have all of our interests at heart, as always.
Q: When I reach the AWR 12 week qualifying date I have been told that I am entitled to bank holiday payment. Is that right?
A: Your current holiday entitlement is based on 28 days of leave per year (20 days holiday plus 8 bank holidays) so bank holidays are already reflected in your current holiday accrual.
If the company you work for has a more generous holiday allowance you will be entitled to that same allowance once you reach the 12 week qualifying date, however, you will still accrue a holiday fund in the same way that you do now, it will just be at a higher rate (eg 15% of hourly rate instead of 12%) and you will still only be able to use the amount that you have accrued.
AWR 2010: What you need to know as an agency worker. Click here to view pdf file.
