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Top 5 Agency Questions about the Agency Workers Regulations

Is the Swedish Derogation model a viable alternative to AWR?

The SDM is NOT an alternative to the AWR it merely provides an ‘opt-out from section 5 of the regulations in as much as they relate to pay.

Will contractors be classed as Agency workers if they run their own business ie a limited company?

Unless the contractors working practices will be outside IR35 they will fall under the scope of the legislation. It doesn't matter what is stated in the contract - if they are found to be inside IR35 they would fall under the scope by default and any attempt to manipulate a contract to say that contractors are outside when they are inside will be viewed as avoidance.

What are ‘day one’ rights?

Day one rights are the responsibility of the Hirer and they relate to onsite facilities such as parking spaces, crèches, prayer rooms etc and access to information about job vacancies at the hirer’s premises. The legislation is intended to ensure equality for agency workers it is not intended to give them rights which are not afforded to permanent employees.

How can we keep track of the qualifying period if the worker is engaged with multiple agencies?

The rights come into force after the contractor has been at the client site or a site that is part of the same legal entity, in the same or similar position for a period of 12 weeks; the contractor should be asked to disclose their work positions and locations when registering with an Agency.

Can I move my temps to a PSC?

You can move temps to PSC but, unless their working practices fall outside of IR35, they will still fall within the scope of the legislation.

Why Choose ContractorUmbrella?

ContractorUmbrella is the hassle-free, straight talking umbrella company that provides umbrella employment for UK based contractors and freelancers. Independently voted as the best umbrella company by the readers of Contractor UK.

As one of the most trusted umbrella companies in the UK, we guarantee our employees peace of mind, absolute compliance and complete security. We are one of the longest standing and most respected umbrella companies in the UK.

Benefits of working through ContractorUmbrella;

  • Fast and easy registration-  be ready to work in 24 hours, simply register online and we’ll take care of the rest.
  • Calculate your take home pay- use our online calculator to find out how much you could be taking home through ContractorUmbrella.
  • Same day payments- we offer same day payments as standard, for no additional fee.
  • Our Commitment Charter- is our guarantee that you will be looked after at every step of the way.
  • Flexible Limited Company accountancy- when you sign up to our sister company Dolan Accountancy, you can transfer to ContractorUmbrella when umbrella employment better suits or your assignment sits inside IR35.
  • Employee Benefits- at ContractorUmbrella there are many benefits available to you as our employee including Childcare Vouchers, our Employee Rewards Scheme, Group Pension Scheme, Foreign Currency Exchange, Contractor Accommodation, Contractor Mortgages and much more.
  • Personal Employee Liaison Officer- we believe in the personal touch, so you will have your very own dedicated Employee Liaison Officer during your employment with us. Read some of the glowing testimonials we've received about our lovely staff and the outstanding commitment they give to all our employees and clients.

If you’d like to find out more, call us on 01206 591 000 or request a call back by completing our online form.