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Last updated: 26 October 2011 at 14:16

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Protection guaranteed with the AWR

The Agency Workers Regulations (AWR) also known as Agency Workers’ Directive (AWD) is due to come into force on 1st October 2011. The legislation refers to the agency worker being entitled after 12 weeks in post to the same basic working and employment conditions as he or she would have received for doing the same job had he or she would have been recruited directly by the end user.

There has been much debate about its interpretation, causing uncertainty amongst all involved of how the legislation would affect everyone involved including agency workers, agencies, intermediaries and end users. The UK Department for Business, Innovation and Skills (BIS) issued a draft publication of the AWR guidance in April.

Tarpon has always differentiated itself within the umbrella company industry by offering their employees a genuine ‘employment solution’. In practice this has meant offering contractors a full time, permanent employment contract, maintaining contracted pay during breaks between contracts, paying holiday pay when holidays are actually taken and offering statutory sick pay, maternity pay, etc when the need arises. Tarpon also offer every employee access to a company pension scheme, private healthcare and a wide variety of flexible benefits which has historically only been offered to those employed in more traditional sectors.

Naturally, Tarpon accept that offering such a genuine employment solution for their contractors provides them as a business with greater employment risk and potential liability but these are risks which are managed closely and they continue to take full responsibility for. Tarpon has always worked in partnership with agencies with that premise very much at the fore and note with much interest that the BIS guidance in respect of the Agency Workers Directive (AWR) has only reinforced the well judged nature of their approach.

It is also important to highlight the strength of Tarpon’s business working in parallel with business partners such as their employment lawyers. It is Tarpon’s approach and philosophy, which has resulted in a zero liability scenario for any agency or 3rd party working with Tarpon since its inception in 2007.

Due to Tarpon’s due diligence and best practice approach, Tarpon will guarantee both the hirer and their agencies a 100% protection against any potential employment law and tax challenges (including the AWR) directly related to employees working through Tarpon Enterprise Ltd.

If you want more information about AWR, please do not hesitate to contact the Tarpon team on 0800 434 6402 or email info@tarpon-uk.com

To speak to one of our tax experts call 0800 434 6402.

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What our contractors think of Tarpon...

Working with Tarpon has been extremely smooth. From my first day as a contractor, Tarpon has provided impartial advice and taken away all of my worries.

My business manager has always been there, fully briefed, and made me feel like a valued team member - dealing promptly with any query I raised, however trivial. And, payment has always been complete and prompt. It has been a very positive experience.

I would certainly recommend Tarpon to anyone who is looking for a stress-free contracting career!

John Powers

Tarpon Contractor Umbrella Company

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Unit 12, Tivoli House, Wigmore Park Centre, Wigmore Lane, Luton, LU2 9XG, UK | Tel: 0800 434 6402 | Fax: 0845 643 1590

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