Agency Worker Regulations (AWR) Policy
1. Policy Statement
Foundation Personnel is committed to ensuring full compliance with the Agency Workers Regulations 2010 and to upholding the rights of all agency workers engaged through our organisation. We believe in providing fair, transparent, and consistent treatment to every agency worker, and we expect the same standards from all clients and stakeholders involved in the supply chain.
This policy sets out our responsibilities as a Temporary Work Agency, the expectations placed upon our clients as hirers, and the rights of agency workers throughout the duration of their assignments. It establishes clear processes for the application of Day 1 rights, the management of the 12 week qualifying period, and the implementation of equal treatment measures in line with statutory requirements.
Foundation Personnel is committed to maintaining accurate records, promoting accountability across internal teams and client partners, and taking prompt action where non compliance or risks are identified. Our aim is to ensure that every agency worker receives the statutory entitlements afforded to them and that our operations remain aligned with current legal and regulatory standards.
2. Purpose
This policy sets out how Foundation Personnel complies with the Agency Workers Regulations 2010. The aim is to make sure all agency workers receive the rights they are entitled to and that our clients and internal teams understand their responsibilities. The policy supports consistent, fair and legally compliant practice across all assignments.
3. Scope
This policy is relevant to all agency workers supplied by Foundation Personnel, every client who utilises agency workers through our organisation, and all internal staff involved in processes such as recruitment, assignment management, compliance, onboarding, and payroll. It is designed to ensure that everyone engaged in these activities understands their responsibilities and is committed to upholding the principles and requirements outlined herein.
4. Key Definitions
Temporary Work Agency
A person including an undertaking, a company, or a partnership who supplies individuals to work temporarily for and under the supervision and direction of a hirer. This includes employment businesses and agencies that supply workers to perform assignments for third party clients.
Hirer
The person including an undertaking, company, or partnership for whom and under whose supervision and direction the agency worker works temporarily during their assignment. The hirer is typically the client that receives the services of the agency worker.
Agency Worker
The individual who is supplied by a temporary work agency to work temporarily for and under the supervision and direction of a hirer, and who has a contract with the temporary work agency whether a contract of employment or any other contract to perform work or services personally for the agency. This statutory definition specifically requires that the worker is engaged under a contract to perform work personally, and is not genuinely in business on their own account or working through a managed service company.
Day 1 Rights
Rights that apply from the first day of an assignment. These include access to collective facilities and ability to apply for internal job vacancies at the client.
12 Week Qualifying Period
The period after which an agency worker becomes entitled to the same basic working and employment conditions as a comparable employee at the client. The 12 weeks do not need to be consecutive.
Comparable Employee
A direct employee of the client who does broadly similar work to the agency worker.
Breaks in Assignment
Certain breaks pause the qualifying clock. Others reset it. These rules follow the GOV.UK guidance.
Pay Parity
The right to the same basic pay and working conditions as a comparable employee once the 12 week qualifying period is met.
5. Roles and Responsibilities
6. Day 1 Rights
From the first day of an assignment, the client is required to provide the agency worker with access to collective facilities, including canteens, lockers, toilets, and parking. In addition, the client must supply information about internal job vacancies.
Foundation Personnel will confirm Day 1 rights with the client at the start of each assignment and record the confirmation.
7. 12 Week Qualifying Period
The qualifying period commences on the first day of the assignment and is monitored weekly through the Foundation Personnel 12 Week Tracker. Weeks are counted when the worker performs the same role for the same client. Certain interruptions impact the accumulation of qualifying weeks as follows:
Pregnancy or maternity related absence. The clock continues and does not pause qualifying week accumulation.
Annual leave. Does not break continuity. Qualifying weeks continue to accrue.
Sick leave exceeding 6 weeks. May break the qualifying period under certain conditions.
Transitions to a substantially different role. Resets the qualifying period.
Once the worker completes twelve qualifying weeks, they may become eligible to pay parity and other fundamental working conditions.
8. Client Comparator Information
Prior to implementing parity, Foundation Personnel must gather comparator details from the client, including basic pay rate, overtime provisions, shift allowances, performance related bonuses, annual leave entitlements, and working time arrangements. This information should be maintained as supporting documentation.
When a client has no directly employed worker doing the same or broadly similar role, the Agency Workers Regulations still require equal treatment after 12 qualifying weeks. The absence of a comparator does not remove the obligation. The client is still obligated to provide all information necessary to determine parity, confirm job duties, working patterns, and any applicable allowances, approve the final parity decision, and notify Foundation Personnel of any changes. Furthermore, liability for inaccuracies in the provided information may transfer to the hirer if they fail to supply correct details.
9. 12 Week Confirmation Process
At week 10, Foundation Personnel will contact the client to confirm whether the role has changed, whether the worker remains in assignment, whether any comparator information has changed, and whether parity should apply at week 12.
If the client does not respond, Foundation Personnel will escalate the matter internally and exercise reasonable judgment based on the available evidence.
10. Unfair Dismissal & Detriment
Agency workers have the right not to suffer any detriment for asserting their rights under the Agency Workers Regulations AWR. In addition, dismissal that is linked to the assertion of AWR rights may be considered automatically unfair. These protections ensure agency workers can exercise their rights without fear of negative consequences or termination as a result.
11. Evidence and Record Keeping
The following information must be recorded and retained: the assignment start date, confirmation of Day 1 rights, weekly tracking of qualifying weeks, client comparator information, the 12 week confirmation email and response, pay parity decisions, and any changes to assignment details. All records must be stored securely, maintained for audit purposes, and retained in line with the company’s data retention policy.
12. Non Compliance
Any breach of this policy must be reported to the Compliance Lead. Corrective action will be taken and may include retraining, process changes, or client engagement.
Agency workers who believe their rights under the Agency Workers Regulations AWR have not been observed may raise their concerns internally by submitting a complaint to their line manager or utilising the Whistleblowing Policy. The complaint should include details of the issue, relevant dates, and any supporting evidence. The company will investigate the matter promptly and provide feedback on any intended actions or resolutions.
If an agency worker is dissatisfied with the outcome of the internal process, or if the issue is not resolved, they have the right to escalate their complaint by bringing a claim before an Employment Tribunal. This right exists to ensure workers can seek independent resolution and enforcement of their statutory rights.
