Agency Workers Regulations - Another Success Story
The union have supported another supply teacher with a successful Agency Workers Regulations (AWR) claim for back pay. The teacher received just over £8,000, jointly from The Teaching Team and the umbrella company. The teacher had worked across 7 Leicester Local Authority schools over a period of a year and half. She did not have a break of more than 6 weeks between the assignments (excluding all holidays). After 12 cumulative weeks, the teacher was entitled, under AWR, to the same pay as if employed directly by the schools. However, she continued to be paid a lower daily rate, nearer to MPS1 instead of UPS3. The Headteacher of the last school the teacher worked in was supportive of the AWR claim and the teacher continued at the school until the class teacher returned. Remember, you only have 3 months to make an AWR claim. We can help you assess your claim. If you think you have an AWR claim, get in touch.
Agency Workers are to be given new protections as part of a major overhaul of workplace rights announced by the government.
• As part of the changes, agency workers will have to be paid the same as permanent staff. When the legislation comes into effect, we will be wanting to check if the responsibility will fall on the agency to pay correctly without supply teachers having to make an AWR claim.
• The maximum fines for bosses who are found to have shown malice, spite or gross oversight will quadruple, from £5,000 to £20,000.
• Close a loophole by repealing the Swedish derogation - which currently allows agency workers to be employed on cheaper rates than permanent counterparts. For supply teachers that will mean no more Guaranteed Work Contracts or similar arrangements.