Please ensure that you send an AWR client form to your client to request information relating to the clients permanent employees to all new clients and to existing ones on an annual basis. By evidencing that we request this information, we have a better defence in the event of a claim. If you receive information from the client, please ensure that we adhere to any of the 12 week obligations as specified by the client (pay, holidays, rest breaks etc). Ensure that all information is recorded against your respective database.
Other things to note:
You need to find out if the candidate has worked at the client in the previous 6 weeks prior to their new assignment starting. For example, if they have worked at ABC Client limited through Hays for 2 weeks. The worker then left the client, had a break for 2 weeks then went back to ABC Client Ltd through us, those 2 weeks the candidate worked will count towards their 12-week qualifying period.
Please ensure that AWR queries are responded to within 28 days and include the following information:
1. Relevant information relating to the basic working and employment conditions of the workers of the hirer.
2. The factors we have considered when determining basic working and employment conditions, which apply to the candidate at the time they allegedly did not receive the equal treatment they claim they were entitled to receive.
3. Relevant information which:
• Explains the basis on which it is considered the clients comparable employee was identified.
• Describes the relevant terms and conditions which apply to the employee.