Agency Workers Regulations 2010 (AWR) and the engagement of interim managers
By Mike Measures, Interimconnect
I’m sure HR professionals generally are well up to date on the Agency Workers Regulations 2010 (AWR) which came into force on the 1st October 2011 in terms of normal agency workers and the additional administrative burden this puts on businesses.
However there has been some comment in the media about how this might affect the engagement of interim managers. Accordingly, I asked our lawyers, City-based Blake Lapthorn, for a clear unbiased opinion which surprisingly (from a lawyer) - I got! Read their full opinion here.
As you can see from that detailed legal opinion, the engagement of interim managers, because of the management level that they operate at, means that it is extremely unlikely that they could fall within the scope of AWR.
This means that engaging professional interims does not incur organisations in the additional administrative burden of 'Agency Workers'.
Engaging interim managers through 'umbrella' companies however, mentioned in the opinion, means they are within scope of AWR.
Organisations engaging interim managers may therefore decide not to engage them through Temporary Work Agencies and to ensure that all interims interviewed for assignments operate through their own limited companies and not through umbrella organizations. This process puts them effectively beyond the scope of AWR.
Interimconnect is the free to join network for skilled and experienced professional interim managers to network and find interim assignments. Since the network was formed in 2002 Interimconnect has held regular regional networking meetings. For more information please visit Interimconnect.co.uk.