Agency Workers Regulations (AWR) - Does it apply to overseas contractors?

[ExpatCanadian]

Hello, first post here. I am non-UK resident both physically and for tax purposes... based in Canada. I contract my services directly to a UK firm via a Canadian LTD company (no UK intermediary or agency involved). I've been in this position for several years now, with no issues. I have been formally IR35 assessed by HR, and obviously fall outside of IR35 being non-UK resident for tax purposes. However, my contract is coming up for renewal shortly, and HR has told me I must take a minimum of a 1 month break prior to the next contract period, as they are concerned about the Agency Workers Regulations and the length of time I've been contracting for the firm.

As far as I can tell, the fact that I am overseas should end the conversation right there. However, in all the reading I have been doing, I cannot find a definitive response to support this. I strongly suspect this has come up due to their UK based contractors, and I'm just being lumped into it without a clear understanding of why I shouldn't be.

There are worse things than being forced to take a month off (I'm financially stable so my kids won't go hungry ), so it's not the end of the world. But if I don't HAVE to lose a months income then I would certainly choose not to!

Are there any experts here that can point me in the right direction to put a decent case together for HR?

[Fred Bloggs]

Agency Worker Regulations? But there's no agency in the supply chain?

[northernladuk]

https://sjdaccountancy.com/resources...ir%20employers.

What are the Agency Workers Regulations?

The Agency Workers Regulations (AWR) came into effect on the 1^st October 2011. It protects temporary workers hired through an agency or those working through an umbrella company. Temporary workers and contractors working through their own limited company are unaffected by AWR.

The problem you have here is it doesn't matter what the laws are, it matters how the clients handle it. We've got a question on a similar point of law going on at the moment I believe. They've got an idea what they want to do, rightly or wrongly, and the only way to change that is them to go back through their legal team and adjust their policies. It's pretty rare, in my opinion, that a large HR group will be ameniable to this even if they are wrong. It's going to involve the HR, legal and risk teams I'd imagine and won't be high on their agenda.

You can point out their mistake but be prepared for them not to do anything about it and you've got to take a month off.

Another example of a client having a policy that is meaningless is the old '2 year rule' where contractors have to leave else be seen as an employee which is completely wrong. But many clients still have it.

[Fred Bloggs]

Yes, this situation has nothing to do with what's legal and what isn't. Like I said, there's no agency in the supply chain. It's just a HR Dept following their own very inflexible set of rules.

Personally, I don't think I would even bother engaging with them. I think I would take the month off and enjoy myself. Life is too short to spend time battling with the cretins and morons in a corporate HR Dept.

One of the main reasons I opted out of corporate life a long time ago was to avoid that kind of nonsense. You just don't need it in your life.