Am I affected by the Agency Workers Regulations?

The Agency Workers Regulations exist to ensure fair working terms and conditions for temporary workers. They apply to interim managers and some consultants.

The Agency Workers Regulations exist to ensure fair working terms and conditions for temporary workers. They stipulate that temporary workers must be given many of the same rights as permanent employees. The regulations apply to interim managers and some consultants, unless they can demonstrate that they are working through their own limited company and their contract clearly states that the client is hiring their company’s services and not their services as an individual.

Under the regulations, all temporary workers are entitled to certain rights. These are divided into ‘Day 1 rights’ (such as access to facilities such as a canteen and parking) and ‘Week 12 rights’ (such as pay between assignments, entitlement to certain bonuses, and holiday entitlements including annual leave, rest breaks and payment in lieu of notice).

By definition, clients who hire independent professionals such as consultants do not wish to enter into such onerous agreements, as these involve extra costs and legal burdens. If you are working as a consultant, you must therefore assume responsibility yourself for such business rights, and this must also be made clear in the contract.