If I don’t opt out of Agency Workers Regulations can Agencies charge me more

opt out of agency workers regulations
Opt out of Agency Workers Regulations

A contractor reader, Guimave, sent the following question about an opt out of Agency Workers Regulations.

Opt Out of Agency Workers Regulations (AWR)

I recently spoke to my agency about opting in to Agency Workers Regulations (AWR), or opting out and I was told that, if I opt in, they will charge me an admin fee (£1/hour) for opting in. Is this not against the law?

Does anyone have an idea what contractors tend to do: opt in or out?

David Greene of Nasa Computing

Agents are able to pay a lower fee for those who have not opted out of the regulations to reflect the extra admin the agents must carry out. We think this will become prevalent in the industry.

We are finding that most limited company contractors are opting out, but umbrella company contractors are not.

I suspect that your reader’s experience is being felt across the industry, although agencies must not prejudice a contract just because someone does not want the agency to opt out of Agency Workers Regulations.

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