Agency Workers Regulations (AWR) 2010 effective 1 October 2011 HR User Group 27 October 2011 Fiona Daffern & Helen Brown The Agency Workers Regulations 2010 are the UK Government’s response to the European Agency Workers Directive. The Regulations came into force on 1 Oct 2011 and give new rights to temporary agency workers. The agreed approach at UCL is to minimise bureaucracy and complicated monitoring systems, as much as possible. However it is important you are aware of the basic changes, which I will briefly highlight for you.

What is it? From 1 October 2011, the AWR provide for agency workers, commonly referred to as temps, to have the same basic working and employment conditions as if he/she had been directly employed by UCL. Same basic working and employment conditions means: Pay rates mirror UCL grades (including additional holiday pay and overtime). TOIL, rest periods, statutory annual leave Same access to canteen and other facilities, childcare and transport services as a comparable UCL employee. The right to be informed about job vacancies (access to vacancies on the web is sufficient). These rights do not apply where posts are ringfenced for assimilation or redeployment or if named researchers on a grant. The Regs do not apply to managed service contracts, self employed, limited liability companies, or directly employed temporary/casual staff. We have written clear, concise guidance (on the web). If you apply the guidance this should ensure you stay within the Regulations and minimise risk. This includes undertaking basic induction at departmental level (see also comparator document) Agency workers may submit a written request for information where they believe their rights have been infringed under the AWR. This request must be responded to within 28 days Encourage dialogue through the agency, first Where managers able to respond quickly, to do so Refer complex question to HR Policy and Planning team Entitlements ‘Comparator’ document produced [For Q&A only: pay excludes: occ sick pay, pension, redundancy , maternity/paternity/adoption pay, long service incentives, PRP, payment for time off for TU duties, loans or advances Also right to paid time off for ante-natal appointments and classes and other consolidation of H&S measures in relation to pregnant women and new mothers. Also protected general rights under Equality Act]

Grading If held against a vacant post – use that grade* If an additional post – but similar to another – match against that grade If ‘one off’ discuss with HR Consultancy based on role outline (NOT JDO!) If booked through HR – we will notify agency If booked directly – you must notify agency * If only undertaking partial duties may be lower – but need to justify

Costs Basic hourly rate – as per UCL grade/spine point Statutory annual leave (28 days): + 12.07% Rolled up additional leave (13 days) + 6.65% Agency fees: + variable%

Update on Agency Tender Process Draft Invitation to Tender (ITT) circulated to volunteers for comments Proposed Timescale: ITT being sent out - November 2011 Evaluations - January – February 2012 Contract agreed - April 2012 Current suppliers Current 4 agencies on UCL’s preferred suppliers list. 70+ agencies on interim suppliers list following nominations from departments of agencies that were required Tender exercise New contract for 12 month period with possibility of extension whilst deciding how to proceed with temporary staff bookings PSL to include 8 categories of staff with between 2 – 5 agencies per category Where an agency is not on the PSL it will not be possible to use them – it will not be possible to process them via FiS Following implementation of the PSL – the procedure for booking temps will be reviewed to provide departments with the flexibility of booking the temp themselves directly with the agency. We will continue to talk with departments throughout this process.

Support HR has developed guidance on booking agency workers http://www.ucl.ac.uk/hr/docs/agency_workers.php For policy questions please contact Fiona Daffern f.daffern@ucl.ac.uk x 53970. For booking questions please contact Helen Brown h.brown@ucl.ac.uk x 41296 or the HR Process team.