Revisions to AWR guidance, announced today, underlines that the Swedish Derogation is not a “miracle solution”, according to Lewina Farrell, head of professional services at the Recruitment & Employment Confederation.

Farrell explains the revised guidance indicates that any entitlement to leave over and above statutory is entitlement to the leave only and not to payment for the leave.

She told Recruiter: “All agency workers, including those covered by this pay between assignments exemption, are entitled to other new provisions under the regulations – in particular equal treatment in relation to the duration of working time, night work, rest periods and rest breaks and annual leave after 12 weeks. This underlines the fact that the Swedish Derogation is not a ’miracle solution’ and that agencies will have to be diligent in weighing up the commercial viability.”

Revisions to AWR guidance should be regarded as “clarification” rather than change, adds a BIS spokesperson.

The Department for Business, Innovation & Skills (BIS) adds it has revised the chapter in the Agency Workers Regulations on Pay between Assignments to make the provisions and requirements clearer particularly in relation to treatment of annual leave.

Other minor amendments were also announced to improve the guidance but no changes of substance other than to remove the guidance for agency supply teachers which will be extended and published shortly.

BIS adds that guidance for agency workers should be available shortly on the direct.gov website.

A BIS spokesperson told Recruiter: “This is a clarification point on the pay between assignments after discussion with a wide range of stakeholders. It was a point they wanted clarification on. Some stakeholders pointed out that it could cause confusion so we clarified a certain element of one of the parts of the guidance around the pay between assignments area. It is clarification rather than change in making things a bit clearer.”

Changes to guidance include:

• placing a worker in a permanent job (moved to out of scope as this is what it is about)
• in-house banks - added text to explain impact of Conduct regulations
• After 12 weeks in same job - separated out antenatal leave as not regulation
  6 entitlement
• reasons for clock to reset to zero - clarified position that breaks between assignments with same hirer must be more than 6 weeks (not 6 weeks or more) - reflects how 6 weeks operates in regulations
• Definition of new hirer - removed example about large retail group as feedback was that it was unlikely situation and confusing example
• in same section clarified position on supply teacher and NHS trust and legal entity
• have taken out last bullet in definition of pay which was a copy and paste error
  - pregnant workers and new mothers - at a glance text on less favourable now reflects references in main body of text
• Otherwise main changes are in the pay between assignments text and removed section on supply teachers as we will be working on separate Q&A with Dept of Education which will go on their website.