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Old 11.07.2011, 18:57
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AWR and UK contractors

Seems people contracting in the UK have received some notable rights....

One of them being paid holidays...

Q7. I am an agency worker what
type of “equal treatment” / benefits
will I be entitled to receive after 12
weeks service?


A. From the 1 October 2011 agency
workers who have successfully
completed 12 weeks service in the
same job, will have a right to equal
treatment in basic pay, overtime,
bonus and commission related to
individual productivity and the
right to be paid and take the same
holidays as a comparable permanent
employee
. Agency workers will also be
entitled to receive luncheon vouchers
and other vouchers with a monetary
value (but not those provided through
a salary sacrifice scheme such as
childcare vouchers). Agency workers
will have the right to work the same
hours as comparable permanent
employees.
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Old 11.07.2011, 19:15
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Re: AWR and UK contractors

This only applies if you are on the payroll of the agency. Most IT contractors in the UK, for example, work either through an umbrella company (often owned by the parent company of the agency...), or through their own ltd company. In which case, these provisions don't apply.

The right to have holiday is good. But the fact that it's paid will simply reduce the overall rate to compensate.
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Old 11.07.2011, 19:19
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Re: AWR and UK contractors

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This only applies if you are on the payroll of the agency. Most IT contractors in the UK, for example, work either through an umbrella company (often owned by the parent company of the agency...), or through their own ltd company. In which case, these provisions don't apply.

The right to have holiday is good. But the fact that it's paid will simply reduce the overall rate to compensate.
and you can normally opt out. Last time the "right to holidays" came around I signed a form that said "even though I'm entitled to holidays, I actually dont fancy it, I'd prefer to work like a dog". It was just sent by the agency.
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Old 11.07.2011, 20:42
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Re: AWR and UK contractors

Quote:
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This only applies if you are on the payroll of the agency. Most IT contractors in the UK, for example, work either through an umbrella company (often owned by the parent company of the agency...), or through their own ltd company. In which case, these provisions don't apply.

The right to have holiday is good. But the fact that it's paid will simply reduce the overall rate to compensate.

Many Progressive Recruitment
contractors supply their services
through one of our preferred supplier
management companies, commonly
known as “umbrella companies”.
Umbrella companies enter into an
employment contract with agency
workers in order to supply them
to agencies. They offer compliant
payrolls and take the stress out of
contracting for many workers. These
umbrella workers fall within the scope
of AWR.
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Old 12.07.2011, 07:38
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Re: AWR and UK contractors

They'll still have to fund their holidays themselves. In the same way they fund all their expenses. They'll also have to fund Q16 out of their own money. These rights are ephemeral. I think they're likely to be used by agencies to promote umbrella companies to the unwary - "Look! You get holiday pay! You get paid between contracts!".

It'll be interesting to see how it works out in practice, but I bet it makes little difference. This industry is adept at working they way around things. Witness the "opt in/opt out" scenario.

Btw, if an S3 company has an interpretation of employment law, that for me is a reason to take the opposite stance. They're a bit like politicians in that respect
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Last edited by NotAllThere; 12.07.2011 at 07:50.
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Old 14.07.2011, 11:56
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Re: AWR and UK contractors

Adecco here do that; I mean provide paid holidays & such.

But it is still the same size pot of money, you just get less per day when you are working & then you get the balance when you take your holiday.

Only difference to the usual situation is when you are paid the full amount per day & save for your holidays then you have the chance to earn some interest on your money.
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