The Agency Workers Directive (AWD) provides temporary agency workers with equality in basic working and employment conditions as if they had been employed directly.

The AWD does not apply to workers engaged through internal organisations such as our Temp Pool for which separate guidance applies, available by contacting hr-temppool@york.ac.uk

It means that agency workers have the following rights when in a placement:

• From day one:
  • Should be informed of any relevant job vacancies within the University and have access to training
  • Should be given access to on-site facilities and amenities that are provided to comparable employees. These include on-site canteens, childcare facilities and transport services
• From 12 weeks:
  • Must be given the same basic working and employment conditions as if they have been directly recruited, including:
    • Basic pay equivalence with employees on local salary grades
    • Performance bonuses (if provided)
    • Shift/unsuitable hours payments (if paid to comparable employees)
  • The same holidays, working time (including night work), overtime, breaks and rest periods as permanent employees (although payment for annual leave above the statutory minimum of 5.6 weeks can be added to the agency worker's hourly rate)
  • Vouchers or stamps which have a fixed monetary value eg childcare vouchers

The directive does not cover occupational schemes, including sick pay, pensions or financial participation schemes.

Implications for departments

Agencies have responded to the AWD by increasing their hourly rates to meet the higher cost liabilities for those engaged for more than 12 weeks. Their rates are approximately 50% higher than the University's hourly costs (up to Grade 5).

We strongly recommend that all agency worker assignments are planned for as brief a period as possible and that any commitment beyond ten weeks is avoided.

Departments must also avoid re-hiring the same agency worker to do similar work within six weeks of the previous assignment. A break of under six weeks is regarded as a continuation of the first assignment.

If you have currently engaged someone via an agency you may want to seek advice from HR (hr-enquiries@york.ac.uk). If you have to extend an agency worker beyond 12 weeks you will find that either the hourly rate increases, or you are asked to 'buy out' the worker from the agency contract and put them on a short-term employment contract.

Paying the post-12 weeks enhanced agency rate may be suitable for very short periods of time (less than an additional 4 weeks).

For longer periods it is cheaper to buy out the worker and appoint them directly as a fixed term contract employee. This would be for a maximum period of six months. The University has negotiated a competitive buy out fee of £500 with Royle Recruitment. Costs from other agencies may be higher.