Tesco’s agency workers waive AWR rights October 2011
Posted date: 24 October 2011
Tesco’s temporary staff have re-signed their contracts to waive their rights which are set out in the Agency Workers Regulations (AWR).
Agencies used by the supermarket have taken up the “derogation” model, whereby temporary employees are hired directly by them rather than the employer, thus making the workers exempt from the AWR.
According to the Sunday Telegraph the retailer met with Mainstream, which supplies truck drivers, to discuss the Regulations. It is reported that by re-signing their contracts drivers will miss out on around £150 extra per week.
The rights, which came into force at the beginning of October, entitle these non-permanent employees to the same pay and benefits as full-time workers after completing a 12-week
qualifying period.
qualifying period.
Tesco has confirmed that a number of its recruiters have taken this approach, suggesting that many temporary workers are being excluded from the advantages of the AWR. It has also reduced its reliance on this method of staffing by taking on employees directly.
In a letter to its drivers, Mainstream suggested that many other employers were adopting the lawful clause, and that following discussions with its clients the majority were keen for the firm to take up the derogation rule.
A spokesman for Tesco told the Telegraph: “This is not a Tesco initiative or a Tesco direction, and no agency workers are being asked by Tesco to sign new contracts. The derogation is being used very widely across the economy by the agencies as a way of ensuring that agency work remains competitive and flexible.”
- Issue:
- October 2011
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