AWR - how does it affect me?

[scope]

(Header should obviously read AWR - Agency Workers Regulations)

OK, I've tried to read up on it - I have google'd, I have searched.. But I fail to see how the new AWR will affect me.. Will I get anything out of it?

The only thing I care about if the change to getting paid holidays.. I am now entitled to the same number of paid holidays as my colleagues.. Can somebody please explain? Will the AWR actually mean I can now take 25 days PAID holiday (as my colleagues?).. If so, who actually pays for this? Usually when something sounds to good to be true, it is.

[kaiser78]

(Header should obviously read AWR - Agency Workers Regulations)

OK, I've tried to read up on it - I have google'd, I have searched.. But I fail to see how the new AWR will affect me.. Will I get anything out of it?

The only thing I care about if the change to getting paid holidays.. I am now entitled to the same number of paid holidays as my colleagues.. Can somebody please explain? Will the AWR actually mean I can now take 25 days PAID holiday (as my colleagues?).. If so, who actually pays for this? Usually when something sounds to good to be true, it is.

There was a good but also confusing thread on this yesterday http://forums.contractoruk.com/busin...ions-ir35.html

I have today received a letter from my agency with an addendum to my contract stating that "no representative of the contractor's staff is an agency worker as defined under the AWR" . I consider myself to be outside IR35 and have remained opted in.

So what is the consensus - do I sign the letter to declare outside the scope of AWR ? Couldn't really make it out from this thread.

[malvolio]

All you need to know is at Agency Workers Regulations in force from 1st October | PCG and the linked guide.

As for the "I'm in business forms", they don't actually mean anything - yet. It will do no harm to sign them, but then again it won't do much good either. Although, looking just a little bit longer term, the agencies wille ventually twig that taking you on as a B2B rather than as a temp will help them enormously, and you get out of IR35 at the first hurdle.

[LisaContractorUmbrella]

There was a good but also confusing thread on this yesterday http://forums.contractoruk.com/busin...ions-ir35.html

I have today received a letter from my agency with an addendum to my contract stating that "no representative of the contractor's staff is an agency worker as defined under the AWR" . I consider myself to be outside IR35 and have remained opted in.

So what is the consensus - do I sign the letter to declare outside the scope of AWR ? Couldn't really make it out from this thread.

To state that all contractors fall outside the scope of the AWR is a pretty dangerous position to take as it means that the agency is also saying that all their contractors are outside of IR35 - not impossible but it seems a little unlikely.

You cannot declare yourself outside the scope of the AWR - there isn't an opt out as there was with the Employment Agency & Employment Business Regs 2003 - it will be determined by your working practises. It is also irrelevant whether or not you work through an intermediary e.g. an umbrella co or your own Ltd co.

[freelancer010]

OK, so if hypothetically a contractor has been in an IR35 caught/declared contract (possibly hirer unaware) for 3 years and your contract has 6 months to run, what are both the hirers and contractors cases if the contractor decides to claim AWR is applicable.

It’s as if the person who thought up IR35 devised AWR - meant to cause mass confusion !!

[kaiser78]

To state that all contractors fall outside the scope of the AWR is a pretty dangerous position to take as it means that the agency is also saying that all their contractors are outside of IR35 - not impossible but it seems a little unlikely.

You cannot declare yourself outside the scope of the AWR - there isn't an opt out as there was with the Employment Agency & Employment Business Regs 2003 - it will be determined by your working practises. It is also irrelevant whether or not you work through an intermediary e.g. an umbrella co or your own Ltd co.

Jeez - still not clear if I should sign this change to my contract, even after looking at the PCG link. Apologies if I am just being slow...

Has anybody else received same or similar letter from their agency ?

[malvolio]

Jeez - still not clear if I should sign this change to my contract, even after looking at the PCG link. Apologies if I am just being slow...

Has anybody else received same or similar letter from their agency ?

Several people have. The general concensus on the PCG boards is that they have no value either way; you can't opt out of the AWR but you also can't unilaterally declare yourself to be a business. But by signing it you are demonstrating that you consider yourself to be one and are acting accordingly and, as we have seen, genuine bsuinesses are exempt form the AWR. So if the letter says the agency and you agree you are a genuine business then on balance it's probably better to sign it.

[LisaContractorUmbrella]

Jeez - still not clear if I should sign this change to my contract, even after looking at the PCG link. Apologies if I am just being slow...

Has anybody else received same or similar letter from their agency ?

If you are working through your own personal ltd company and are not working under the supervision direction or control of someone at the client site then it is likely the AWR won't affect you. The legislation was designed to give temporary workers the same rights as permanent workers with regards to working hours, rest breaks, paid holiday, pay, duration of working time etc. but it is all encompassing and therefore contractors are included. By signing the document that has been sent you are giving up the rights conferred by the legislation and, at the same time, are confirming that you are working in business on your own account i.e. are outside IR35

[kaiser78]

Several people have. The general concensus on the PCG boards is that they have no value either way; you can't opt out of the AWR but you also can't unilaterally declare yourself to be a business. But by signing it you are demonstrating that you consider yourself to be one and are acting accordingly and, as we have seen, genuine bsuinesses are exempt form the AWR. So if the letter says the agency and you agree you are a genuine business then on balance it's probably better to sign it.

If you are working through your own personal ltd company and are not working under the supervision direction or control of someone at the client site then it is likely the AWR won't affect you. The legislation was designed to give temporary workers the same rights as permanent workers with regards to working hours, rest breaks, paid holiday, pay, duration of working time etc. but it is all encompassing and therefore contractors are included. By signing the document that has been sent you are giving up the rights conferred by the legislation and, at the same time, are confirming that you are working in business on your own account i.e. are outside IR35

Got it now - thanks for simplifying it !

[scope]

If you are working through your own personal ltd company and are not working under the supervision direction or control of someone at the client site then it is likely the AWR won't affect you. The legislation was designed to give temporary workers the same rights as permanent workers with regards to working hours, rest breaks, paid holiday, pay, duration of working time etc. but it is all encompassing and therefore contractors are included.

Back to my original question.. I have been contracting with the same company for 2 years, pay normal PAYE tax through an umbrella company and I am still not clear if I are entitled to PAID holiday, and who pays this.. Anybody? I am sorry, none of the links I have read are UNCLEAR as to who gets what.. Its like they just write about AWR just for the sake of it, without attempting to get people to understand what they are entitled to.

My umbrella company (Parasol) says the following:

"Your statutory holidays are the holidays you are legally entitled to as our employee and these total 28 days per year as per the UK’s Working Time Directive. Your statutory holiday entitlement is detailed in your contract of employment. We pay you for all of your statutory holidays. "

So are they saying they are paying for my holiday over and above the money I bill my customer for? I think not, I have not seen a penny from parasol, neither do I expect them to pick up the bill.. If anybody are to pay for these holidays I expect the end customer to pay.