Agency worker regulations

The purpose of the Agency Workers

Regulations 2010 (AWR) is to provide temporary agency workers with equal treatment, in terms of basic working and employment conditions, as if they had been employed directly to do the same job.

Some clients have expressed concern about the potential impact of the AWR in the context of senior interim managers placed within their organisations.

Our priority is to underline the on-going benefits of interim managers and we have assured our clients that we firmly believe the regulations will have little impact on them.

Interim managers who provide their services through their own limited companies or who have been assessed as self-employed for tax purposes are highly unlikely to be covered by the AWR.

Under the AWR, an agency worker is defined as an individual who is:

(a) supplied by a temporary work agency to work temporarily for and under the supervision and direction of a hirer and

(b) has a contract with the temporary work agency which is either

(c) a contract of employment with the agency, or

(d) any other contract to perform work and services personally.

Interim managers who work on a self employed basis with a sufficient degree of autonomy in terms of how they carry out their work, and who are not therefore supervised and directed by the hirer, are not the intended targets of this legislation.