Schools need to have a clear understanding of Agency Worker Regulations (AWR), as staff employed on a long term basis through an agency or recruitment consultancy like Clarus Education will have an impact on their rights and your costs after 12 weeks.

AWR legislation came into force on 1 October 2011, giving agency workers the entitlement to the same basic employment and working conditions as if they had been recruited directly, if and when they complete a qualifying period of 12 weeks in school.

From their first day in school, agency staff will be entitled to access facilities and information on job vacancies. Staff will be charged at a daily fee/rate which will have been agreed on with your dedicated Clarus Education consultant.

After 12 working weeks in the same position, all agency workers will fall under AWR (Agency Worker Regulations) and will be eligible to ‘equal treatment’ entitlements relating to:

• Equal Pay – the same pay as a permanent member of staff doing the same job
• Basic working conditions

The 12 week qualifying period will begin from day one. However, days on sick leave or during a break do not count and the 12-week count will pause. Such instances will include:

• Taking a break of six weeks or less
• Staff on leave due to sickness or injury for up to 28 weeks
• The school closes, e.g. Christmas or strikes / industrial action
• Staff on jury service for up to 28 weeks.
• Staff who complete the 12 working weeks AWR period will be entitled to be paid the same as a permanent member of staff doing the same job in your school. For example, a long-term class teacher on M3 within an inner London School is entitled to be paid the equivalent salary of £30,795.

After completing the 12 week qualifying period, pregnant agency workers will be allowed to take paid time off for antenatal appointments during the spell of their assignment (paid in line with National Minimum Wage – NMW).

To ensure that all of our client schools are aware and in-the-know regarding AWR, your Clarus Education consultant will guide you through the information they require regarding pay and will ensure that our candidate receives the correct equal treatment, as if they had been recruited directly, after 12 weeks in post.

It will be the school’s responsibility for ensuring that all agency workers can access facilities and are able to view information on all job vacancies from their first day on assignment.

If you have any further questions, please contact your consultant or another member of the Clarus team.