Employees

Why Choose Direct

How do you register ?

 

Call in and bring with you

A. Passport or Full Birth Certificate

B. Proof of your National Insurance number

C. Bank Details

D. Two References

E, CV

 If you have any certificates then bring them as well.

 

We will go through how we work and everything you need to know as a temporary worker

 

Look forward to meeting with you.

 

 
 

A guide for work seekers  General Obligations

  • It is unlawful for any agency or employment business to charge you a fee for providing work finding services. There are some limited exceptions to this rule, for example, within the entertainment and modelling sectors. In addition, it is possible for a recruiter to charge a fee if you are a self-employed work-seeker providing your services through a limited company.
  • If a recruiter offers you an incentive or giftto use their services, you should be given information as to the terms of such an offer.
  • You should be informed of any charges the recruiter may make for any additional services or goods they provide.
    • A recruiter cannot offer work-finding services on the condition you use a chargeable service such as a CV writing service.
    • A recruiter must confirm whether you are looking for temporary or permanent work, the type of work they are looking for you and the terms which apply between you. For example, if you are to be supplied to a hirer as a temporary worker you should be given a contract setting out the terms of your work with the employment business.
    • If you carry out work on an assignment as a temporary worker but are unable to obtain a signed timesheet, you are entitled to be paid for the hours you worked. However the employment business is permitted to delay payment for a reasonable period to check whether you have worked the hours claimed.
      • Before you start work on an assignment or a position you must be given information about the proposed position including:

                      –       The identity of the hirer,

                      –       Start date,

                      –       Likely duration of the work,

                      –    Type of work,

                      –       Location,

                      –       Hours,

–       Any risks to health and safety and steps the hirer has taken to prevent or control such risks,

–       The experience, training and qualifications required for the role,

–       Any expenses applicable, and

–       The actual rate of remuneration to be paid.

In the case of permanent recruitment the minimum rate of remuneration and length of notice should be confirmed to you. Such information should be confirmed verbally and in writing.

  • As a temporary worker on a contract for services you may not be penalized for ending an assignment.
  • Recruiters owe you a duty of confidentiality and may not disclose information about you without your consent, except for particular circumstances. For example, information may be disclosed for the purposes of providing work finding services and for the purposes of complying with obligations towards the hirer regarding your suitability.

For more information

This note is not a definitive guide to your individual rights and further information can be obtained from BERR (formerly known as the DTI). See BERR’s website: http://www.berr.gov.uk. You may also contact the BERRs Employment Agency Standards hotline to obtain further information on 0845 955 5105.

The REC

The Recruitment and Employment Confederation (REC) is the trade body that supports and represents the recruitment industry. Worth £24.5 billion to the UK economy, the recruitment industry is responsible for placing 1.2 million temporary workers on assignment each week and placing over 700,000 employees in permanent work each year.

Recruitment impacts on every sector of the UK economy.

The REC's membership is made up of over 8,000 recruitment agencies and businesses (corporate members) and 6,000 recruitment professionals (individual members).

The REC seeks to promote high professional standards and good practice within the industry.

REC members are required to adhere to the REC Code of Practice which is available to view on our website www.rec.uk.com. The REC Code of Good Recruitment Practice has been created in consultation with industry stakeholders to ensure that all members of the REC conduct their business ethically and to the highest standards.


 

 

AWR Regulations from effect 1st October 2011

 

What are the Agency Workers Regulations?

The regulations give agency workers the right to the same employment and working conditions that they would have enjoyed had they been directly employed by the hirer after 12 weeks in a given job.

 

Who does it affect?

All agency workers including those employed via umbrella companies or other intermediaries. Workers who are genuinely self-employed are excluded.

 

What is equal treatment?

The principle is based upon an agency worker being entitled to the same basic working and employment conditions as a comparable employee of the hirer after 12 weeks in the same job.

 

What happens if there is no permanent employee comparator?

The agency and the Hirer will consider the basic working and employment conditions that the agency worker would be entitled to if the agency worker was recruited directly by the hirer. In the absence of an actual comparator the agency and the hirer will consider various factors such as internal pay scales and national rates of pay for the job concerned. There may be other conditions, which apply generally in the workplace, which the agency worker might be entitled to.

 

When does the qualifying period start for me?

This will commence as of the first date of your assignment (no earlier than the 1st of October 2011) as the regulations do not apply retrospectively. Under certain circumstance the qualifying period can be paused, see below.

 

Type of absence that affects the 12 weeks qualifying period

Effect on 12 weeks qualifying period

Any reason where break less than 6 weeks

Pauses the clock

Sickness absence

Pauses the clock up to 28 weeks

Annual Leave

Pauses the clock

Shutdown

Pauses the clock

Jury Service

Pauses the clock up to 28 weeks

Industrial action

Pauses the clock

Pregnancy/maternity related absence

Clock keeps ticking throughout the statutory protected period

Paternity, maternity, adoption leave

Clock keeps ticking throughout the statutory protected period
     

 

Can the qualifying period stop?

A qualifying period will re-set to zero if there is a break, for a reason not included above, for more than 6 weeks between assignments. The qualifying period may also re-set to zero if an agency worker moves to a substantively different assignment,

 

I only work 3 days a week, how will the 12 week qualifying period work?

The 12-week qualifying period is based upon 12 continuous calendar weeks irrespective of working patterns and the number of days worked each week. In this case, a 3-day week will contribute 1 week towards the 12-week qualifying period.

 

What will I be entitled to after 12 weeks?

Please refer to the table below which illustrates what is and isn’t included following the successful completion of the 12 week qualifying period:

 

Basic Pay

Ö

Local Bonus schemes/commission structures based on quality or quantity of work done

Ö

Overtime payment rates (provided qualifying criteria are met)

Ö

Shift allowances

Ö

Monetary vouchers of fixed value

Ö

Holiday entitlement

Ö

Rest Breaks/Periods

Ö

Paid time off for antenatal appointments

Ö

Company profit sharing schemes

X

Occupational pension schemes

X

Occupational Maternity/ paternity/adoption

X

Redundancy pay (statutory and contractual)

X

Benefits in kind

X

Occupational sick pay

X

Notice pay (contractual & linked to loss of employment)

X

Payment for time off for trade union duties

X

Any payments that require eligibility of service

X

 

 

The Hirer operates a local bonus scheme, am I entitled to this?

Yes, under the regulations where there is a bonus scheme which relates to quality and / or quantity of work done then you are entitled to the same opportunity to achieve that bonus as a permanent employee in the same role. All other bonus schemes related to company performance may be excluded.

 

From day one of my assignment as an agency worker, will I be entitled to apply for a permanent vacancy with the hirer?

Unless it is a company re-organisation, you will be entitled to access information about the vacancies.

 

How much holiday will I be entitled to?

Upon completion of 12 calendar weeks within the same role with the same hirer, the agency worker will be entitled to the same amount of holiday entitlement as if the agency worker had been recruited directly by the hirer for the assignment.

 

Further details on holiday entitlement are available within the agency worker’s contract with Direct Response Employment Services and any Assignment Details forms associated with the particular assignment.

 

When will I see a difference in pay?

If there is an increase in pay it will be paid once the agency worker has worked in the same role with the same hirer for 12 calendar weeks provided this meets the criteria laid down within the Agency Workers Regulations.

 

Please refer to questions 5 to 7 for further details on the 12-week qualifying period.

 

Is it possible for agencies or workers to opt out of the regulations?

No.

 

Is the hirer pension plan included?

It is not included, however you will have access to a stakeholder pension scheme through Direct Response employment Services. Please speak to your consultant for more details.

 

If applicable, will I be entitled to receive any incremental increases in annual leave which are awarded for length of service?

Yes, after completion of the 12 week qualifying period and subject to the agency worker meeting the qualifying criteria for the increase in annual leave. For example if after 1 year of continuous service all permanent employees receive an additional day’s leave, the agency worker will also need to have 1 year’s continuous service In order to qualify for this. No service prior to 1st October 2011 will be taken into consideration.

 

Will I be entitled to the same incremental pay increases as a permanent worker?

Yes, after completion of the 12 week qualifying period and subject to the agency worker meeting the qualifying criteria for the pay increase i.e. 1 year’s service.

 

Am I entitled to occupational sick pay?

No, this is not included within the Agency Workers Regulations. However, subject to the statutory qualifying criteria you may be entitled to statutory sick pay, which may be processed via Direct Response Employment Services.

 

If I am pregnant, how will AWR affect me?

Firstly, a pregnant worker will need to notify Direct Response Employment Services in writing that she is pregnant, Direct Response Employment Services will then notify the hirer, who will then conduct a workplace risk assessment and will endeavour to remove any risks should they be found in the work area. If an adjustment is not possible or not deemed reasonable, the hirer will then notify Direct Response Employment Services. Direct Response will then endeavour to find suitable alternative work.

 

Furthermore, after completing a 12 week qualifying period the agency worker will be allowed paid time off for antenatal medical appointments and antenatal classes during the assignment. Evidence must be provided to confirm such appointments.

 

Do the regulations impact paternity rights?

No, paternity rights were recently revised in the UK, under the Additional Paternity Leave Regulations 2010.

 

If the hirer moves me from one role to another, what should I do?

You will have an obligation to notify Direct Response Employment Services as soon as possible about the change in role. Furthermore, if you take up any other assignment during your time with Direct Response Employment Services with another agency, you will be required to keep us informed with these details.

 

Failure to notify Direct Response Employment Services of these changes may mean that previous weeks worked for the hirer are not counted towards the qualifying period and this will result in a delay in the agency worker receiving equal treatment.

 

If my assignment ends with one hirer and I accept a new assignment with another hirer, will I still be eligible for equal treatment?

No, as this is a new hirer, then the qualifying period will start again (unless you return to the hirer in the same role within 6 weeks).

 

What is a Derogation Contract?

These are contracts of employment which comply with regulation 10 of the Agency Worker Regulations. These contracts are often referred to as ‘Derogation Contracts’. Unlike a contract for services, workers will be entitled to a minimum notice period and certain additional protections under the Employment Rights Act although the worker will forego the right to equal treatment in relation to pay.