Key stakeholders, representing the interests of agencies, hirers and agency workers have until 15 April to comment on the draft guidance for the Agency Workers Regulations, ahead of its implementation in October.

The Department for Business Innovation and Skills (BIS) will consider comments before finalising the guidance, due to be published on Business Link at the end of April so that all parties can prepare for the changes in advance of October’s implementation of regulations.

Separate guidance will be appear for agency workers on the direct.gov website around the same time.

Supplementary guidance for agency supply teachers is currently being developed with the Department for Education and will appear on their website at the end of the month.

Recruitment & Employment Confederation (REC) director of policy and professional services Tom Hadley says: “We recognise the genuine effort that was made to consult and take on board the views of recruiters. Our initial response to the guidance is mixed but we had concluded some time ago that the document would not the “be all and end all” in terms of making the AWR workable for them.
 
“Some of the main areas of uncertainty and concern for recruiters - such as the tracking of the 12 week qualifying period, the definition of pay and the mechanics of demonstrating equal treatment - have been covered. Other positive areas are the use of practical examples and flow charts within the notes which will be useful and more clarity on which bonuses are in and out of scope of the Regulations.”

Stuart Davis, chair of the Freelancer and Contractor Services Association, adds: “FCSA has been extensively involved in the development of AWR guidance, and ultimately we’re pleased with outcomes so far.  Government has sought to strike a careful balance between safeguarding vulnerable low-skilled workers and avoiding damage to the highly-skilled flexible workforce, as highly skilled freelancers and contractors choose to work in distinctive way. They are achieving this so far. I’m confident that freelancers, recruiters and agencies will be able to work with this guidance and that the government is striving to ensure that AWR doesn’t adversely affect the flexible workforce.”