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AWR means teaching, office and technical support staff get equal pay

From October 2011 temporary teaching, office and technical support staff across education establishments are entitled to the same basic working and employment conditions as a permanent member of staff doing a similar role, once you have worked a qualifying period of 12 weeks in an assignment. This new European directive is known as the Agency Worker Regulation.




 

What rights will I be entitled to with AWR?

  • Equal Pay to that of a comparable employee
  • Commissions, bonuses and over time rates 
  • Annual leave
  • Night work
  • Rest periods and breaks 
  • Access to staff facilities; i.e. canteens, childcare schemes and transport
  • The right to hear about vacant job opportunities 

 

What AWR doesn’t cover

  • Pensions
  • Redundancy payouts 
  • Sick pay
  • Loyalty schemes or long term-service rewards
  • Any payment relating to maternity, paternity or adoption leave


Working out the AWR qualifying period

  • The 12 week period is triggered when a temporary candidate works in the same job with the same body, that provides supervision and direction of staff, this varies depending on the type of education establishment.
  • The week comprises of 7 days starting with the first day of the assignment, regardless of how many days or hours worked (minimum of 1 hour per week).
  • The 12 week rule still applies if you work at the school through a different agency, you will still qualify. You must inform agencies and schools when this happens. 

 

The AWR Qualifying Clock

The regulations provide a number of circumstances where breaks in the assignment prevent you from qualifying the 12 week period.

Think of the qualifying period as a clock.  Gaps in assignments of over 6 weeks will mean the clock is reset to 0, paused or starts again depending on the reason for the break. 

 

1. Reasons the AWR clock resets to zero
A break between assignments, with the same school or role, of 6 weeks or more (excludes annual leave, maternity leave).

For the role to be classed as substantively different there must be a distinction in:

  • Skills
  • Pay
  • line manager
  • working hours
  • Responsibility  

The teaching of different subjects is not classed as a role change

 

2. Reasons the clock is paused

The clock will be paused if you have a break:

  • For less than 6 weeks
  • Up to 28 weeks if you are off sick
  • Annual leave you are entitled to

 

posted by Aspire People
Thu 05 January 2012
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